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ORDINANCE NO. 221

MUNICIPALITY OF CHRISTIANA, LANCASTER COUNTY, PENNSYLVANIA STORMWATER MANAGEMENT ORIDANANCE

Adopted at a Public Meeting Held on

May 6, 2014

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TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS Section 101 – Short Title Section 102 – Statement of Findings Section 103 – Purpose Section 104 – Statutory Authority Section 105 – Applicability Section 106 – Repealer OR Repeals and Continuation of Prior Regulations Section 107 – Severability Section 108 – Compatibility with Other Ordinance Requirements Section 109 – Erroneous Permit Section 110 – Municipal Liability Section 111 – Duty of Persons Engaged in the Development of Land Section 112 – Financial Security ARTICLE II – DEFINITIONS Section 201 – Interpretation and Word Usage Section 202 – Definitions of Terms ARTICLE III - STORMWATER MANAGEMENT STANDARDS Section 301 - General Requirements Section 302 - Volume Controls Section 303 - Rate Controls Section 304 - Stormwater Management Performance Standards Section 305 - Calculation Methodology Section 306 – Riparian Corridors Section 307 – Stormwater Management Facility Design Standards Section 308 – Erosion and Sediment Control ARTICLE IV - STORMWATER MANAGEMENT SITE PLAN REQUIREMENTS Section 401 – General Plan Requirements Section 402 – Drafting Standards Section 403 – SWM Site Plan Information Section 404 – Additional Information Section 405 – Supplemental Information ARTICLE V – PLAN PROCESSING PROCEDURES Section 501 – Small Projects

Section 502 – Exemptions from Plan Submission Requirements Section 503 – Pre-Application Meeting Section 504 – Stormwater Management Site Plan Submission

Section 505 – Municipal Review

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Section 506 – Revision of Plans Section 507 – Authorization to Construct and Term of Validity Section 508 – Certificate of Completion Section 509 – Plan Recordation ARTICLE VI – OPERATION AND MAINTENANCE (O&M) Section 601 - Responsibilities of Developers and Landowners Section 602 - Operation and Maintenance Agreements Section 603 – Operation and Maintenance Plan Contents Section 604 – Maintenance of Facilities During Development Section 605 – Maintenance of Facilities After Development Section 606 – Maintenance of Facilities Accepted by the Municipality Section 607 – Maintenance of Facilities Not Accepted by Municipality Section 608 – Maintenance of Facilities By Private Entity Section 609 – Maintenance of Existing Facilities/BMPs ARTICLE VII - FEES AND EXPENSES Section 701 - General Section 702 - Expenses Covered by Fees ARTICLE VIII - PROHIBITIONS Section 801 - Prohibited Discharges and Connections

Section 802 - Alteration of SWM BMPs ARTICLE IX - ENFORCEMENT AND PENALTIES Section 901 - Right-of-Entry Section 902 - Enforcement Section 903 - Penalties

Section 904 - Appeals Section 905 - Modification of Ordinance Provisions APPENDICES A. Simplified Approach to Stormwater Management for Small Projects B-1. Runoff Coefficients “C” for Rational Formula B-2. Curve Numbers “CN” for SCS Method B-3. TR-55 Worksheet #1 Time of Concentration (Tc) B-4. Average Velocities for Estimating Travel Time for Shallow Concentrated Flow

C. Operation and Maintenance Agreement

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ARTICLE I

GENERAL PROVISIONS

Section 101. Short Title This Ordinance shall be known and may be cited as the “Municipality of Christiana Stormwater Management (SWM) Ordinance.” Section 102. Statement of Findings The governing body of the Municipality finds that:

A. Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases nonpoint source pollution of water resources.

B. A comprehensive program of SWM, including reasonable regulation of development and

activities causing accelerated runoff, is fundamental to the public health, safety, welfare, and the protection of the people of the Municipality and all the people of the Commonwealth, their resources, and the environment.

C. Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.

D. Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their Municipal Separate Storm Sewer Systems (MS4) under the National Pollutant Discharge Elimination System (NPDES).

E. Riparian forest buffers enhance water quality by filtering pollutants in runoff, providing light control and temperature moderation, processing pollutants, increasing infiltration and providing channel and shoreline stability thus decreasing erosion (DEP Riparian Forest Buffer Guidance, November 27, 2010).

Section 103. Purpose The purpose of this Ordinance is to promote health, safety, and welfare by minimizing the harms and maximizing the benefits described in Section 102 of this Ordinance through provisions designed to:

A. Meet legal water quality requirements under state law, including regulations at 25

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Pa. Code Chapter 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this Commonwealth.

B. Preserve the natural drainage systems as much as practicable. C. Manage stormwater runoff close to the source. D. Provide procedures and performance standards for stormwater planning and

management. E. Maintain groundwater recharge to prevent degradation of surface and

groundwater quality and to otherwise protect water resources. F. Prevent scour and erosion of stream banks and streambeds. G. Provide proper Operation and Maintenance of all Stormwater Management Best

Management Practices (SWM BMPs) that are implemented within the Municipality.

H. Provide standards to meet NPDES permit requirements. I. Promote stormwater runoff prevention through the use of nonstructural Best

Management Practices (BMPs).

J. Provide a regulatory environment that supports the proportion, density and intensity of development called for in the comprehensive plan; allow for creative methods of improving water quality and managing stormwater runoff; and promote a regional approach to water resource management.

K. Help preserve and protect exceptional natural resources, and conserve and

restore natural resource systems. L. Promote stormwater management practices that emphasize infiltration,

evaporation, and transpiration.

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Section 104. Statutory Authority

A. Primary Authority: The Municipality is empowered to regulate these activities by the authority of the

Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. Section 680.1, et seq., as amended, the “Stormwater Management Act” and Act 394 of 1937, as amended, 35 P.S. Section 691.1 et seq. the Pennsylvania Clean Streams Law. The municipality also is empowered to regulate land use activities that affect stormwater impacts by the authority of the Act of February 1, 1966, P.L. 1656,

as amended, 53 P.S. Section 45101 et seq. “The Borough Code”.

B. Secondary Authority: The municipality also is empowered to regulate land use activities that affect

runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities Planning Code, as amended.

Section 105. Applicability The provisions, regulations, limitations, and restrictions of this ordinance shall apply to regulated activities, as defined in this Ordinance. Section 106. Repeals and Continuation of Prior Regulations. A. Except as otherwise required by law, this Ordinance is intended as a continuation of,

and not a repeal of, existing regulations governing the subject matter. To the extent that this Ordinance restates regulations contained in ordinances previously enacted by the Christiana Borough Council, this Ordinance shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Christiana Borough Council that all provisions of this Ordinance shall be considered in full force and effect as of the date such regulations were initially enacted. All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed. It is expressly provided that the provisions of this Ordinance shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior storm water regulation or ordinance. In the event any violation has occurred under any prior storm water regulation or ordinance of Municipality, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior storm water regulation or ordinance, and the provisions and penalties provided in said prior stormwater regulation or ordinance shall remain effective as to said violation. Any provision of this Ordinance which is inconsistent with the Storm Water Management Act, the Act 167 Plan or any other applicable regulations relating to water quality shall not take precedence and the provisions of such Act, Plan or applicable regulation shall be controlling.

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B. Any Plan (hereinafter defined) pending at the time of the effective date of this Ordinance

shall be allowed to proceed with revisions, finalization and implementation in accordance with any Ordinance in effect prior hereto. Any Subdivision and Land Development Plan filed pursuant to the provisions of the Pennsylvania Municipalities Planning Code where there isn’t a prior storm water management ordinance in effect may proceed with development in accordance with the filing at the time of the effective date of this Ordinance. Any Plan which has been approved at the time of the effective date of this Ordinance shall have only those rights afforded the Applicant under the Development Permit Extension Act, 53 P.S. § 11703.1 et seq., and nothing in this Ordinance shall be construed to afford any Applicant more rights than are afforded under said Act.

Section 107. Severability Should any section, provision or part thereof of this Ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Ordinance. Section 108. Compatibility with Other Ordinance Requirements Approvals issued pursuant to this Ordinance do not relieve the Applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. Section 109. Erroneous Permit Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the Municipality purporting to validate such a violation. Section 110. Municipal Liability. Except as specifically provided by the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. §680.1 et seq., the making of any administrative decision by the Municipality or any of its officials or employees shall not constitute a representation, guarantee or warranty of any kind by the [Municipality] of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, storm water runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the [Municipality] and its officials and employees. Christiana Borough, by enacting and amending this Ordinance, does not waive or limit any immunity granted to the Municipality and its officials and employees by the Governmental Immunity Act, 42 Pa. C.S. §8541 et seq., and does not assume any liabilities or obligations.

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Section 111. Duty of Persons Engaged in the Development of Land

Notwithstanding any provision(s) of this Ordinance, including exemptions, any landowner or any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality. Section 112. Financial security

A. A financial security (bond, restricted account or letter of credit) for stormwater related improvements shall be supplied by the Developer prior to the subdivision/land development approval, or prior to the SWM Site Plan approval if no subdivision/land development plan is required.

B. Without limitation as to other types of financial security which the Municipality may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.

C. Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

Such bond or other security shall provide for, and secure to the public, the completion of any Improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the Improvements.

D. The amount of financial security to be posted for the completion of the required Improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the Developer. Annually, the Municipality may adjust the amount of the financial security by comparing the actual cost of the Improvements which have been completed and the estimated cost for the completion of the remaining Improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Municipality may require the Developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the Developer in accordance with this subsection.

E. The amount of financial security required shall be based upon an estimate of the cost of completion of the required Improvements, submitted by an Applicant or Developer and prepared by a professional Engineer licensed as such in this Commonwealth and certified by such Engineer to be a fair and reasonable estimate of such cost. The Municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the Applicant or Developer and the Municipality

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are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional Engineer licensed as such in this Commonwealth and chosen mutually by the Municipality and the Applicant or Developer. The estimate certified by the third Engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third Engineer is so chosen, fees for the services of said Engineer shall be paid equally by the Municipality and the Applicant or Developer.

If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required Improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required Improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.

F. The work of installing the required SWM Facilities proceeds, the party posting the

financial security may request the Governing Body to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Governing Body, and the Governing Body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the Governing Body that such portion of the work upon the SWM Facilities has been completed in accordance with the approved SWM Site Plan. Upon such certification the Governing Body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the SWM Facilities completed. The Governing Body may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid SWM Facilities.

G. In the event that any SWM Facilities which may be required have not been installed as

provided in the approved SWM Site Plan the Governing Body of the Municipality is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the SWM Facilities covered by said security, the Governing Body of the Municipality may, at its option, install part of such SWM Facilities and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the SWM Facilities. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the Developer, or both, shall be used solely for the installation of the SWM Facilities covered by such security, and not for any other Municipal purpose

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ARTICLE II DEFINITIONS OF TERMS

Section 201. Interpretation and Word Usage

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

A. Words used or defined in one tense or form shall include other tenses or derivative

forms.

B. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.

C. The masculine gender shall include the feminine and neuter. The feminine gender shall

include the masculine and neuter. The neuter gender shall include the masculine and feminine.

D. The word "person" includes individuals, firms, partnerships, joint ventures, trusts,

trustees, estates, corporations, associations and any other similar entities.

E. The word "Lot" includes the words "plot", “Tract”, and "Parcel".

F. The words “shall,” “must” and “will” are mandatory in nature and establish an obligation or duty to comply with the particular provision. The words “may” and “should” are permissive.

G. The time, within which any act required by this Ordinance is to be performed, shall be

computed by excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Pennsylvania General Assembly, it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.

H. Any words not defined in this Ordinance or in Section 107 of the MPC shall be construed

as defined in standard dictionary usage.

I. References to officially adopted regulations, standards, or publications of DEP or other governmental agencies shall include the regulation, publication, or standard in effect on the date when a SWM Site Plan is first filed. It is the intent of the Christiana Borough Council in enacting this Section to incorporate such changes to statutes, regulations, and publications to the extent authorized by 1 Pa. C.S. § 1937.

Section 202. Definitions of Terms

Accelerated Erosion - The removal of the surface of the land through the combined action of man’s activity and the natural processes at a rate greater than would occur because of the natural process alone. Access Easement – A right granted by a landowner to a grantee, allowing entry for the

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purpose of inspecting, maintaining and repairing SWM Facilities. Act 167 Plan – A plan prepared under the authority of Pennsylvania’s Stormwater Management Act of October 4, 1978. Agricultural Activity – Activities associated with agriculture such as agricultural cultivation, agricultural operation, and animal heavy use areas. This includes the work of producing crops and raising livestock including tillage, land clearing, plowing, disking, harrowing, planting, harvesting crops, or pasturing and raising of livestock and installation of Conservation Practices. Construction of new buildings or impervious areas is not considered an agricultural activity. Alteration - As applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; earth disturbance activity. Animal Heavy Use Areas – A barnyard, feedlot, loafing area, exercise lot, or other similar area on an agricultural operation where due to the concentration of animals, it is not possible to establish and maintain vegetative cover of a density capable of minimizing accelerated erosion and sedimentation by usual planting methods. The term does not include entrances, pathways and walkways between areas where animals are housed or kept in concentration. Applicant - A Landowner and/or Developer, as hereinafter defined, including his heirs, successors and assigns, who has filed an application to the municipality for approval to engage in any regulated activity at a Development Site located within the municipality. BMP (Best Management Practice) - Activities, facilities, control measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during and after earth disturbance activities1. See also Non-structural BMP and Structural BMP. BMP Manual – The Pennsylvania Stormwater Best Management Practices Manual of December 2006, or most recent version thereof. Borough – The Municipality of Christiana Borough, Lancaster County, Pennsylvania. Building – Any enclosed or open structure, other than a boundary wall or fence, occupying more than four (4) square feet of area and/or having a roof supported by columns, piers, or walls. Carbonate Geology - Limestone or dolomite bedrock. Carbonate geology is often associated with karst topography. Certificate of Completion – Documentation verifying that all permanent SWM facilities have been constructed according to the plans and specifications and approved revisions thereto.

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Chapter 102 – 25 Pa. Code Chapter 102, Erosion and Sediment Control Chapter 105 – 25 Pa. Code, Chapter 105, Dam Safety and Waterway Management Chapter 106 – 25 Pa. Code, Chapter 106, Floodplain Management Cistern - A reservoir or tank for storing rainwater. Clean Water Act – the 1972 Amendments to the Federal Water Pollution Control Act, P.L. 92-500 of 1972, 33 U.S.C. §1251 et seq. Conservation Plan – A plan written by an NRCS certified planner that identifies Conservation Practices and includes site specific BMPs for agricultural plowing or tilling activities and Animal Heavy Use Areas. Conservation Practices – Practices installed on agricultural lands to improve farmland, soil and/or water quality which have been identified in a current Conservation Plan. Conveyance – (n) Any structure that carries a flow. (v) The ability of a pipe, culvert, swale or similar facility to carry the peak flow from the design storm. Culvert - A structure with appurtenant works which can convey a stream under or through an embankment or fill. DEP also PA DEP or PADEP – The Pennsylvania Department of Environmental Protection or any agency successor to the Pennsylvania Department of Environmental Protection. Design Storm - The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24-hours), used in the design and evaluation of SWM systems. Detention Basin - An impoundment structure designed to manage stormwater runoff by temporarily storing the runoff and releasing it at a controlled rate. Developer - A person who undertakes any Regulated Activity of this Ordinance. Development Site (Site) - The specific area of land where regulated activities in the municipality are planned, conducted or maintained. Disappearing Stream - A stream in an area underlain by limestone or dolomite that flows underground for a portion of its length. Disturbed Area - An land area where an earth disturbance activity is occurring or has occurred. Drainage Easement - Rights to occupy and use another person’s real property for the installation and operation of stormwater management facilities, or for the maintenance of

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natural drainageways to preserve and maintain a channel for the flow of stormwater therein, or to safeguard health, safety, property, and facilities E&S – Erosion and Sediment. E&S Plan (also Erosion and Sediment Control Plan) – A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after earth disturbance activities. Earth Disturbance Activity - A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; land development; agricultural plowing or tilling; operation of animal heavy use areas; timber harvesting activities; road maintenance activities; oil and gas activities; well drilling; mineral extraction; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials1. Environmentally Sensitive Area - slopes greater than 15% percent, shallow bedrock (located within 6 feet of ground surface2), wetlands, Natural Heritage Areas and other areas designated as Conservation or Preservation in Greenscapes, the Green Infrastructure Element of the County Comprehensive Plan, where encroachment by land development or land disturbance results in degradation of the natural resource. Erosion - The natural process by which the surface of the land is worn away by water, wind, or chemical action. See also, “Accelerated Erosion” as defined above.

Existing Conditions - The dominant land cover during the 5-year period immediately preceding a proposed regulated activity. FEMA - the Federal Emergency Management Agency. Flood - A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, and other waters of this Commonwealth. Flood Fringe – That portion of the floodplain outside of the floodway3. Floodplain - Any land area susceptible to partial or complete inundation by water from any natural source or delineated by applicable Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary - Mapped as being a special flood hazard area. Also, the area of inundation that functions as a storage or holding area for floodwater to a width required to contain a base flood of which there is a one percent (1%) chance of occurrence in any given year. The floodplain contains both the floodway and the flood fringe. Floodplain Management Act - Act of October 4, 1978, P.L. 851, No. 166, as amended 32 P.S. Section 679.101 et seq. Floodway – The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency

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flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed - absent evidence to the contrary - that the floodway extends from the stream to 50 feet from the top of the bank of the stream.

Forest Management/Timber Operations - Planning and activities necessary for the management of forest land. These include conducting a timber inventory and preparation of forest management plans, silvicultural treatment, cutting budgets, logging road design and construction, timber harvesting, site preparation and reforestation. Frequency - The probability or chance that a given storm event/flood will be equaled or exceeded in a given year. Grade – (n) A slope, usually of a road, channel or natural ground specified in percent and shown on plans as specified herein. (v) to finish the surface of a roadbed, top of embankment or bottom of excavation. Groundwater Recharge - The process by which water from above the ground surface is added to the saturated zone of an aquifer, either directly or indirectly. Hydrologic Soil Group (HSG) – Refers to soils grouped according to their runoff-producing characteristics by NRCS. There are four (4) runoff potential groups ranging from A to D.

A. (Low runoff potential) Soils having high infiltration rates even when thoroughly wetted and consisting chiefly of deep, well to excessively drained sands or gravels. B. Soils having moderate infiltration rates when thoroughly wetted and consisting chiefly of moderately deep to deep, moderately well-to-well drained soils with moderately fine to moderately coarse textures. C. Soils having slow infiltration rates when thoroughly wetted and consisting chiefly of soils with a layer that impedes downward movement of water, or soils with moderately fine to fine texture. D. (High runoff potential) Soils having very slow infiltration rates when thoroughly wetted and consisting chiefly of clay soils with a high swelling potential, soils with a permanent high water table, soils with a clay pan or clay layer at or near the surface, and shallow soils over nearly impervious material.

Impervious Surface (Impervious Area) – Surfaces which prevent the infiltration of water into the ground. All structures, buildings, parking areas, driveways, roads, streets, sidewalks, decks, and any areas of concrete, asphalt, packed stone, and compacted soil shall be considered impervious surface if they prevent infiltration. Impoundment - A retention or detention facility designed to retain stormwater runoff and infiltrate it into the ground (in the case of a retention basin) or release it at a controlled

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rate (in the case of a detention basin). Infiltration Structures - A structure designed to direct runoff into the ground (e.g. french drains, seepage pits, seepage trench, rain gardens, vegetated swales, pervious paving, infiltration basins, etc.). Inlet - A surface connection to a closed drain. The upstream end of any structure through which water may flow. Intermittent – A natural, transient body or conveyance of water that exists for a relatively long time, but for weeks or months of the year is below the local water table and obtains its flow from both surface runoff and groundwater discharges. Invasive Vegetation (Invasives) – Plants which grow quickly and aggressively, spreading, and displacing other plants. Invasives typically are introduced into a region far from their native habitat. See Invasive Plants in Pennsylvania by the Department of Conservation and Natural Resources. Karst - A type of topography or landscape characterized by features including but not limited to surface depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground drainage, and caves. Karst is formed on carbonate rocks, such as limestone or dolomite. Land Development - Any of the following activities:

1. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: a. A group of two or more residential or nonresidential buildings,

whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

b. The division or allocation of land or space, whether initially or

cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

2. Any subdivision of land. 3. Development in accordance with Section 503(1.1) of the Pennsylvania

Municipalities Planning Code. Landowner - The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

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Limiting Zone - A rock formation, other stratum, or soil condition which is so slowly permeable

that it effectively limits downward passage of effluent. Season high water tables, whether perched or regional also constitute a limiting zone. Lineament - A linear feature in a landscape which is an expression of an underlying geological structure such as a fault. Manning’s Equation - An equation for calculation of velocity of flow (e.g. feet per second) and flow rate (e.g. cubic feet per second) in open channels based upon channel shape, roughness, depth of flow and slope. Manning’s Equation assumes steady, gradually varied flow. Maximum Extent Practicable (MEP) – Applies when the applicant demonstrates to the Municipality’s satisfaction that the performance standard is not achievable. The applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of human safety and welfare, protection of endangered and threatened resources, and preservation of historic properties in making the assertion that the performance standard cannot be met and that a different means of control is appropriate. MPC - The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended, 53 P.S. Section 10101 et seq. Municipal Separate Storm Sewer – A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains), which is all of the following: (1) owned or operated by a state, city, town, Municipality, township, county, district, association or other public body (created under state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes; (2) designed or used for collecting or conveying stormwater; (3) not a combined sewer; and (4) not part of a Publicly Owned Treatment Works as defined at 40 CFR § 122.2. Municipal Separate Storm Sewer System (MS4): All separate storm sewers that are defined as “large” or “medium” or “small” municipal separate storm sewer systems pursuant to 40 CFR §§ 122.26(b)(18), or designated as regulated under 40 CFR § 122.26(a)(1)(v). Municipality - The Municipality of Christiana Borough, Lancaster County, Pennsylvania. NRCS - Natural Resources Conservation Service (previously Soil Conservation Service, or SCS). National Pollution Discharge Elimination System (NPDES) – A permit issued under 25 Pa. Code Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) for the discharge or potential discharge of pollutants from a point source to surface waters.

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Native Vegetation – Plant species that have evolved or are indigenous to a specific geographical area. These plants are adapted to local soil and weather conditions as well as pests and diseases. Natural Drainageway - An existing channel for water runoff that was formed by natural processes. Natural Ground Cover – Ground cover which mimics the infiltration characteristics of predominant hydrologic soil group found at the site. Nonpoint Source Pollution - Any source of water pollution that does not meet the legal definition of "point source" in section 502(14) of the Clean Water Act. Non-structural BMPs – Planning and design approaches, operational and/or behavior-related practices which minimize stormwater runoff generation resulting from an alteration of the land surface or limit contact of pollutants with stormwater runoff. Open Channel - A drainage element in which stormwater flows with an open surface. Open channels include, but shall not be limited to, natural and man-made drainage ways, swales, streams, ditches, canals, and pipes flowing partly full. Open channels may include closed conduits so long as the flow is not under pressure. Outfall - Point where water flows from a conduit, stream, pipe, or drain. Peak Discharge - The maximum rate of stormwater runoff from a specific storm event. PennDOT - The Pennsylvania Department of Transportation or any agency successor thereto. Pervious Area - Any material / surface that allows water to pass through at a rate equal to or greater than Natural Ground Cover. Pipe - A culvert, closed conduit, or similar structure (including appurtenances) that conveys stormwater. Plans - The SWM and erosion and sediment control plans and narratives. Planning Commission - The planning commission of the Municipality of Christiana, Lancaster County, Pennsylvania. Process Wastewater - Water that comes in contact with any raw material, product, by-product, or waste during any production or industrial process. Qualified Person - Any person licensed by the Pennsylvania Department of State or otherwise qualified by law to perform the work required by this Ordinance. Rate Control - SWM controls used to manage the peak flows for the purposes of channel protection and flood mitigation,.

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Rational Formula (Rational Method) - A rainfall-runoff relation used to estimate peak flow. Redevelopment – Any physical improvement to a previously developed lot that involves earthmoving, removal, or addition of impervious surfaces. Regional Stormwater Management Plan – A plan to manage stormwater runoff from an area larger than a single Development Site. A Regional Stormwater Management Plan could include two adjacent parcels, an entire watershed, or some defined area in between. Regional Stormwater Management Plans can be prepared for new development, or as a retrofit to manage runoff from already developed areas. Regulated Activities - Activities, including Earth Disturbance Activities that involve the alteration or development of land in a manner that may affect stormwater runoff. Regulated activities shall include, but not be limited to:

Land Development subject to the requirements of the Municipality of Christiana Subdivision and Land Development Ordinance;

Removal of ground cover, grading, filling or excavation;

Construction of new or additional impervious or semi-impervious surfaces (driveways, parking lots, etc.), and associated improvements;

Construction of new buildings or additions to existing buildings;

Installation or alteration of stormwater management facilities and appurtenances thereto;

Diversion or piping of any watercourse; and,

Any other regulated activities where the Municipality determines that said activities may affect any existing watercourse’s stormwater management facilities, or stormwater drainage patterns.

Release Rate – For a specific design storm or list of design storms, the percentage of peak flow rate for existing conditions which may not be exceeded for the proposed conditions. Release Rate Map – A graphical representation of the release rates for a specific area. Retention Basin - A Stormwater Management Facility that includes a permanent pool for water quality treatment and additional capacity above the permanent pool for temporary runoff storage. Riparian – Pertaining to a stream, river or other watercourse. Also, plant communities occurring in association with any spring, lake, river, stream or creek through which waters flow at least periodically6. Riparian Buffer – A BMP that is an area of permanent vegetation along a watercourse. Riparian Corridor – A narrow strip of land, centered on a stream or river that includes the floodplain as well as related riparian habitats adjacent to the floodplain6.

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Riparian Corridor Easement – An easement created for the purpose of protecting and preserving a Riparian Corridor. Riparian Forest Buffer – A type of Riparian Buffer that consists of permanent vegetation that is predominantly native trees, shrubs and forbs along a watercourse that is maintained in a natural state or sustainably managed to protect and enhance water quality, stabilize stream channels and banks, and separate land use activities from surface waters. Rooftop Detention - Temporary ponding and gradual release of stormwater falling directly onto roof surfaces by incorporating controlled-flow roof drains into building designs. Runoff - Any part of precipitation that flows over the land surface. SCS - U.S. Department of Agriculture, Soil Conservation Service (now known as NRCS). Sediment – Soils or other materials transported by stormwater as a product of erosion1. Sediment Basin - A barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water. Sediment Pollution - The placement, discharge or any other introduction of sediment into the waters of the Commonwealth occurring from the failure to design, construct, implement or maintain control measures and control facilities in accordance with the requirements of this Ordinance. Sedimentation - The action or process of forming or depositing sediment in Waters of this Commonwealth1. Seepage Pit/Seepage Trench - An area of excavated earth filled with loose stone or similar coarse material, into which surface water is directed for infiltration into the ground. Semi-impervious / Semi-pervious surface - A surface which prevents some infiltration of water into the ground. Sheet Flow - Runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel. Small Project – Regulated Activities that, measured on a cumulative basis from the date of enactment of this Ordinance, create additional Impervious Areas of more than 1,000 sq. ft. and less than 5,000 square feet or which involve removal of ground cover, grading, filling or excavation of an area less than 5,000 sq. ft. and do not involve the alteration of stormwater facilities or watercourses. Small Storm Event – A storm having a frequency of recurrence of once every two (2) years or smaller.

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Soil-Cover Complex Method - A method of runoff computation developed by the SCS (now NRCS) that is based on relating soil type and land use/cover to a runoff parameter called Curve Number (CN). For more information, see “Urban Hydrology for Small WATERSHEDS”, Second edition, Technical Release No. 55, SCS, June 1986 (or most current edition).

Soil Group, Hydrologic - See “Hydrologic Soil Group”. State Water Quality Requirements - The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code, the Clean Streams Law and the Clean Water Act. Storage – A volume above or below ground that is available to hold stormwater. Storm event - A storm of a specific duration, intensity, and frequency.7 Storm Sewer - A system of pipes and/or open channels designed to convey stormwater. Stormwater - Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt. Stormwater Management Act - Act of October 4, 1978, P.L. 864, No. 167, as amended 32 P.S. Section 680.1 et seq. Stormwater Management Best Management Practices (SWM BMP) – See BMPs. Stormwater Management Facility (SWM Facility) - Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, infiltrates/evaporates/transpires, cleans or otherwise affects stormwater runoff. Typical SWM facilities include, but are not limited to, detention and retention basins, open channels, watercourses, road gutters, swales, storm sewers, pipes, BMPs, and infiltration structures. Stormwater Management Operation and Maintenance Plan (O & M Plan) – A plan, including a narrative, to ensure proper functioning of the SWM facilities in accordance with Article VI of this Ordinance. Stormwater Management Site Plan (SWM Site Plan) - The Plan prepared by the Developer or his representative indicating how stormwater runoff will be managed at a particular development site according to this Ordinance. Stream – A watercourse Structural BMPs – Physical devices and practices that capture and treat stormwater runoff. Structural stormwater BMPs are permanent appurtenances to the Development Site. Structure – Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.8

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Subdivision - The division or re-division of a single Lot, Tract or Parcel of land by any means into two (2) or more Lots, Tracts, Parcels or other divisions of land, including changes in existing Lot Lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership, or Building, or Lot development. or As defined in the MPC. Swale - A low lying stretch of land which gathers or carries surface water runoff. SWM – Stormwater Management SWM Site Plan – A Stormwater Management Site Plan. Timber Operations - See Forest Management. Time of Concentration (Tc) - The time for surface runoff to travel from the hydraulically most distant point of the watershed to a point of interest within the watershed. This time is the combined total of overland flow time and flow time in pipes or channels, if any. Top of streambank – First substantial break in slope between the edge of the bed of the stream and the surrounding terrain. The top of streambank can either be a natural or constructed (that is, road or railroad grade) feature, lying generally parallel to the watercourse. Treatment Train – The sequencing of structural Best Management Practices to achieve optimal flow management and pollutant removal from urban stormwater. USDA – United States Department of Agriculture. Volume Control - SWM controls, or BMPs, used to remove a predetermined amount of runoff or the increase in volume between the pre- and post-development design storm. Watercourse - A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. Watershed - The entire region or area drained by a watercourse. Waters of this Commonwealth - Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of Pennsylvania. Wetland - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns, and similar areas.

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Woodland – Land predominantly covered with trees and shrubs. Without limiting the foregoing, Woodlands include all land areas of 10,000 square feet or greater, supporting at least 100 trees per acre, so that either (i) at least 50 trees are two inches or greater in [diameter at breast height] [(DBH)], or (ii) 50 trees are at least 12 feet in height.

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ARTICLE III

STORMWATER MANAGEMENT STANDARDS

Section 301. General Requirements

A. Preparation of a SWM Site Plan is required for all regulated activities, unless preparation and submission of the SWM Site Plan is specifically exempted according to Section 502 or the activity qualifies as a Small Project.

B. No regulated activities shall commence until the municipality issues unconditional written approval of a SWM Site Plan or Stormwater Permit.

C. SWM Site Plans approved by the municipality, in accordance with Section 505, shall be

on site throughout the duration of the regulated activity.

D. The municipality may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this Ordinance, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law. The municipality shall maintain a record of consultations with DEP pursuant to this paragraph. Where an NPDES permit for stormwater discharges associated with construction activities is required, issuance of an NPDES permit shall constitute satisfaction of consultation with DEP.

E. For all regulated activities, erosion and sediment control and stormwater management

BMPs shall be designed, implemented, operated, and maintained to meet the purposes and requirements of this Ordinance and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual), No. 363-2134-008 (March 2012), as amended and updated, and the BMP Manual.

F. Developers have the option to propose a Regional Stormwater Management Plan or

participate in a Regional Stormwater Management Plan developed by others. A Regional Stormwater Management Plan may include offsite volume and rate control, as appropriate and supported by a detailed design approved by the Municipality in accordance with Section 301.D. A Regional Stormwater Management Plan must meet all of the volume and rate control standards required by this Ordinance for the area defined by the Regional Stormwater Management Plan, but not necessarily for each individual Development Site. Appropriate agreements must be established to ensure the requirements of this ordinance and the requirements of the Regional Stormwater Management Plan are met.

G. Unless prohibited by the Municipality of Christiana Zoning Ordinance or any Ordinance which regulates construction and development within the areas of the Municipality of Christiana subject to flooding, and any other applicable requirements of the Floodplain Management Act, stormwater management facilities may be located in the floodplain when permitted by the Municipality and designed and constructed in accordance with the

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provisions of the BMP Manual, regulatory requirements, the requirements of this Chapter and any other provisions that the Municipality deems applicable.

H. Impervious areas: 1. The measurement of impervious area shall include all of the impervious

areas in the total proposed development even if development is to take place in stages or phases.

2. For development taking place in stages or phases, the entire

development plan must be used in determining conformance with this Ordinance.

3. Any areas designed to initially be gravel or crushed stone shall be

assumed to be impervious.

I. All regulated activities shall include such measures as necessary to:

1. Protect health, safety, and property; 2. Meet the water quality goals of this Ordinance by implementing measures

to:

a. Protect and/or improve the function of floodplains, wetlands, and wooded areas.

b. Protect and/or improve native plant communities including those within the riparian corridor.

c. Protect and/or improve natural drainageways from erosion.

d. Minimize thermal impacts to waters of this Commonwealth.

e. Disconnect impervious surfaces by directing runoff to pervious areas, wherever possible.

J. The design of all stormwater management facilities over karst shall include an evaluation of measures to minimize adverse effects.

K. Infiltration BMPs shall be spread out, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still meeting the other requirements of this Ordinance. Infiltration BMPs shall include pretreatment BMPs unless shown to be unnecessary.

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L. Infiltration BMPs intended to receive runoff from developed areas shall be selected based on suitability of soils and Development Site conditions and shall be constructed on soils that have the following characteristics:

1. A minimum depth of 24 inches between the bottom of the facility and the limiting zone, unless it is demonstrated to the satisfaction of the Municipality that the selected BMP has design criteria which allow for a smaller separation.

2. A stabilized infiltration rate sufficient to accept the additional stormwater load and drain completely as determined by field tests conducted by the Applicant’s professional designer.

a. The stabilized infiltration rate is to be determined in the same location and within the same soil horizon as the bottom of the infiltration facility.

b. The stabilized infiltration rate is to be determined as specified in the BMP Manual.

M. The calculation methodology to be used in the analysis of volume and peak rates of

discharge shall be as required in Section 305.

N. A planting plan is required for all vegetated stormwater BMPs.

1. Native or Naturalized/Non-invasive Vegetation suitable to the soil and hydrologic conditions of the Development Site shall be used unless otherwise specified in the BMP Manual.

2. Invasive Vegetation may not be included in any planting schedule. (See Invasive Plants in Pennsylvania by the Department of Conservation and Natural Resources (DCNR))

3. The limit of existing, native vegetation to remain shall be delineated on the plan along with proposed construction protection measures.

4. Prior to construction, a tree protection zone shall be delineated at the Dripline of the tree canopy. All trees scheduled to remain during construction shall be marked; however, where groups of trees exist, only the tress on the outside edge need to be marked. A 48 inch high snow fence or 48 inch high construction fence mounted on steel posts located 8 feet on center shall be placed along the tree protection boundary. No construction, storage of material, temporary parking, pollution of soil, or regrading shall occur within the tree protection zone.

5. All planting shall be performed in conformance with good nursery and landscape practice. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc. in the American Standard of Nursery Stock.

a. Planting designs are encouraged to share planting space for optimal root growth whenever possible.

b. No staking or wiring of trees shall be allowed without a maintenance note for the stake and/or wire removal within one year of planting.

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O. Areas proposed for infiltration BMPs shall be protected from sedimentation and

compaction during the construction phase to maintain maximum infiltration capacity. Staging of earthmoving activities and selection of construction equipment should consider this protection.

P. Infiltration BMPs shall not be constructed nor receive runoff from disturbed areas until the entire contributory drainage area to the infiltration BMP has achieved final stabilization.

Q. A minimum twenty (20) foot wide access easement shall be provided for all stormwater facilities with tributary areas equal or greater than 1000 sq. ft. and not located within a public right-of-way. Easements shall provide for ingress and egress to a public right-of-way. Stormwater facilities shall be centered within easements.

R. Drainage easements shall be provided where the conveyance, treatment, or storage of stormwater, either existing or proposed, is identified on the SWM Site Plan. Drainage easements shall be provided to contain and convey the 100-year frequency flood.

S. The Municipality may require additional stormwater control measures for stormwater discharges to special management areas including but not limited to:

1. Water bodies listed as “impaired” on Pennsylvania’s Clean Water Act 303(d/305(b) Integrated List.

2. Any water body or watershed with an approved Total Maximum Daily Load (TMDL).

3. Critical areas with sensitive resources (e.g., state designated special protection waters, cold water fisheries, carbonate or other groundwater recharge areas highly vulnerable to contamination, drainage areas to water supply reservoirs, source water protection zones, etc.)

T. Roof drains and sump pumps shall be tributary to infiltration or vegetative BMPs. Use of

catchment facilities for the purpose of reuse is also permitted.

U. Non-structural BMPs shall be utilized for all regulated activities unless proven to be impractical.

V. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the line of such watercourse, drainageway, channel or stream and of such width as will be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities.

Section 302. Volume Controls Volume control BMPs are intended to maintain existing hydrologic conditions for small storm events by promoting groundwater recharge and/or evapotranspiration as described in this

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section. Runoff volume controls shall be implemented using the Design Storm Method described in Subsection A below, or through continuous modeling approaches or other means as described in the BMP Manual. Small Projects may use the method described in Subsection B to design volume control BMPs.

A. The Design Storm Method is applicable to any size of regulated activity. This method requires detailed modeling based on site conditions.

1. Do not increase the post development total runoff volume for all storms equal to or less than the 2-year 24-hour storm event.

2. For modeling purposes:

a. Existing (predevelopment) non-forested pervious areas must be considered meadow in good condition.

b. When the existing project site contains impervious area, twenty

percent (20%) of existing impervious area to be disturbed shall be considered meadow in good condition in the model for existing conditions.

c. The maximum loading ratio for volume control facilities in Karst

areas shall be 3:1 impervious drainage area to infiltration area and 5:1 total drainage area to infiltration area. The maximum loading ratio for volume control facilities in non-Karst areas shall be 5:1 impervious drainage area to infiltration area and 8:1 total drainage area to infiltration area. A higher ratio may be approved by the municipality if justification is provided. Hydraulic depth may be used as an alternative to an area based loading ratio if the design hydraulic depth is shown to be less than the depth that could result from the maximum area loading ratio

B. Volume Control for Small Projects

1. At least the first three inches (3”) of runoff from new impervious surfaces or an equivalent volume shall be permanently removed from the runoff flow – i.e. it shall not be released into the surface Waters of this Commonwealth. Removal options include reuse, evaporation, transpiration and infiltration.

C. A detailed geologic evaluation of the Development Site shall be performed in areas of carbonate geology to determine the design parameters of recharge facilities. A report shall be prepared in accordance with Section 405.A of this Ordinance.

D. Storage facilities, including normally dry, open top facilities, shall completely drain the volume control storage over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm. Any designed infiltration at such facilities is exempt from the minimum 24 hour standard, i.e. may infiltrate in a shorter period of time, provided that none of this water will be discharged into Waters of this Commonwealth.

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E. Any portion of the volume control storage that meets the following criteria may also be used as rate control storage;

1. Volume control storage that depends on infiltration is designed according to the

infiltration standards in Section 301.

2. The volume control storage which will be used for rate control is that storage which is available within 24 hours from the end of the design storm based on the stabilized infiltration rate and/or the evapo-transpiration rate.

F. Volume control storage facilities designed to infiltrate shall avoid the least permeable Hydrologic Soil Group(s) at the Development Site.

Section 303. Rate Controls Rate control for large storms, up to the 100-year event, is essential to protect against immediate downstream erosion and flooding.

A. Match Pre-development Hydrograph Applicants shall provide infiltration facilities or utilize other techniques which will

allow the post-development 100 year hydrograph to match the pre-development 100 year hydrograph, along all parts of the hydrograph, for the Development Site. To match the pre-development hydrograph, the post development peak rate must be less than or equal to the pre-development peak rate, and the post development runoff volume must be less than or equal to the pre-development volume for the same storm event. A shift in hydrograph peak time of up to five minutes may be allowable.

B. Where the pre-development hydrograph cannot be matched, one of the following

shall apply:

1. For areas not covered by a release rate map from an approved Act 167 Plan: Post development discharge rates shall not exceed the predevelopment discharge rates for the 2, 10, 25, 50, and 100-year 24-hour storm events*. If it is shown that the peak rates of discharge indicated by the post development analysis are less than or equal to the peak rates of discharge indicated by the predevelopment analysis for 2, 10, 25, 50, and 100-year, 24-hour storms*, then the requirements of this section have been met. Otherwise, the applicant shall provide additional controls as necessary to satisfy the peak rate of discharge requirement. * A 24 hour SCS type II storm or an IDF Curve Rational Method storm. See Table III-1 in Section 305.

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2. For areas covered by a release rate map from an approved Act 167 Plan: For the 2, 10, 25, 50, and 100-year storm events*, the post development peak discharge rates will follow the applicable approved release rate maps. *A 24 hour SCS type II storm or an IDF Curve Rational Method storm. See Table III-1 in Section 305.

C. Normally dry, open top, storage facilities shall completely drain the rate control

storage over a period of time less than or equal to 24 hours from the peak 100 year water surface design elevation.

D. A variety of BMPs should be employed and tailored to suit the Development Site. The following is a partial listing of BMPs which can be utilized in SWM systems for rate control where appropriate:

1. Decreased impervious surface coverage 2. Routed flow over grass 3. Grassed channels and vegetated strips. 4. Bio-retention areas (rain gardens) 5. Concrete lattice block or permeable surfaces 6. Seepage pits, seepage trenches or other infiltration structures 7. Rooftop detention 8. Parking lot detention 9. Cisterns and underground reservoirs 10. Amended soils, where permitted by the Borough 11. Retention basins 12. Detention basins 13. Other methods as may be found in the BMP Manual.

E. Small Projects are not required to provide for Rate Control.

Section 304. Stormwater Management Performance Standards

A. Runoff from impervious areas shall be drained to pervious areas within the Development

Site, unless the site has 85% or more impervious cover and is a Redevelopment, in which case the portion of the site that discharges to pervious areas shall be maximized.

B. Stormwater runoff from a Development Site to an adjacent property shall flow directly into a natural drainageway, watercourse, or into an existing storm sewer system, or onto adjacent properties in a manner similar to the runoff characteristics of the pre-development flow. Concentration of post development stormwater runoff and direct overland discharge to adjacent properties is strictly prohibited.

C. Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s) by the developer. Such stormwater flows shall be subject to the requirements

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of this Ordinance, including the establishment of a drainage easement. Copies of all such notifications shall be included in SWM Site Plan submissions.

D. Existing on-site natural and man-made SWM facilities shall be used to the maximum extent practicable.

E. Stormwater runoff shall not be transferred from one sub-watershed to another unless they are sub-watersheds of a common watershed that join together within the perimeter of the Development Site and the effect of the transfer does not alter the peak discharge onto adjacent lands.

F. Minimum floor elevations for all structures that would be affected by a basin, other temporary impoundments, or open conveyance systems where ponding may occur shall be two (2) feet above the 100-year water surface elevation. If basement or underground facilities are proposed, detailed calculations addressing the effects of stormwater ponding on the structure and water-proofing and/or flood-proofing design information shall be submitted for approval.

G. All stormwater conveyance facilities (excluding detention, retention, and wetland basin outfall structures) shall be designed to convey a 25 year storm event*. All stormwater conveyance facilities (excluding detention, retention, and wetland basin outfall structures) conveying water originating from offsite shall be designed to convey a 50 year storm event*. Safe conveyance of the 100-year runoff event* to appropriate peak rate control BMPs must be demonstrated in the design. * A 24 hour SCS Type II storm or an IDF Curve Rational Method storm.

H. Erosion protection shall be provided along all open channels, and at all points of discharge. Flow velocities from any storm sewer may not result in erosion of the receiving channel.

I. Where existing storm sewers are reasonably accessible, proposed developments shall be required, if necessary, to connect therewith.

J. The developer shall include a note on a sheet of the plan to be recorded which grants the Municipality the right of access to all stormwater management easements on the development site via the access drives, driveways, parking areas, and similar features within the development site.

K. All developments shall include design provisions that allow for the overland conveyance of the postdevelopment one-hundred-year storm event flows through the site without damage to any private or public property.

L. Stormwater roof drains and pipes, wherever possible, shall discharge water into a stormwater runoff dispersion and infiltration control device and not into storm sewers or street gutters.

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M. All existing and natural watercourses, channels drainage systems and areas of surface water concentration shall be maintained in their existing condition unless an alteration is approved by the Municipality.

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Section 305. Calculation Methodology

A. Any stormwater runoff calculations involving drainage areas greater than 25 acres and time of concentration (Tc) greater than 60 minutes, including on- and off-site areas, shall use generally accepted calculation techniques based on the NRCS soil-cover complex method.

B. Stormwater runoff from all Development Sites shall be calculated using either the modified rational method, a soil-cover-complex methodology, or other method acceptable to the Municipality. Table III-1 summarizes acceptable computation methods. It is assumed that all methods will be selected by the design professional based on the individual limitations and suitability of each method for a particular Development Site.

TABLE III-1

ACCEPTABLE COMPUTATION METHODOLOGIES FOR STORMWATER MANAGEMENT PLANS

METHOD METHOD DEVELOPED BY

APPLICABILITY

TR-20 (or commercial computer package based on TR-20)

USDA NRCS Applicable where use of full hydrology computer model is desirable or necessary.

WinTR-55 (or commercial computer package based on TR-55)

USDA NRCS Applicable for land development plans within limitations described in TR-55.

HEC-1 / HEC-HMS US Army Corps of Engineers

Applicable where use of full hydrologic computer model is desirable or necessary.

Rational Method (or commercial computer package based on Rational Method)

Emil Kuichling (1889)

For development sites less than 200 acres, Tc<60 min. or as approved by the Municipality.

EFH2 USDA NRCS Applicable in rural and undeveloped areas subject to the Program Limits.

Other Methods Varies Other methodologies approved by the Municipality.

C. If the SCS method is used, Antecedent Moisture Condition 1 is to be used in areas of carbonate geology when required by the Borough. Antecedent Moisture Condition 2 is to be used in all other areas. A type II distribution shall be used in all areas.

D. If the Rational Method is used, the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 data (see item “B” above) or PennDOT Publication 584 “PennDOT Drainage Manual,” 2008 Edition, or latest, shall be used to determine the rainfall

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intensity in inches per hour based on the information for the 5 through 60 minute duration storm events.

E. Hydrographs may be obtained from NRCS methods such as TR-55, TR20, or from use of the “modified” or “unit hydrograph” rational methods. If “modified” or “unit hydrograph” rational methods are used, the ascending leg of the hydrograph shall have a length equal to three times the time of concentration (3xTc) and the descending leg shall have a length equal to 7 times the time of concentration (7xTc) to approximate an SCS Type II hydrograph. The Municipality may require longer time of concentration values or other alternate analysis for rational method hydrographs to evaluate runoff volumes from impervious areas and resulting stormwater management facility storage capacity.

F. Runoff calculations shall include a hydrologic and hydraulic analysis indicating volume and velocities of flow and the grades, sizes, and capacities of water carrying structures, sediment basins, retention and detention structures and sufficient design information to construct such facilities. Runoff calculations shall also indicate both pre-development and post-development rates for peak discharge of stormwater runoff from all discharge points.

G. For the purpose of calculating pre-development peak discharges, all runoff coefficients, both on-site and off-site, shall be based on actual land use assuming summer or good land conditions. Post-development runoff coefficients for off-site discharges used to design conveyance facilities shall be based on actual land use assuming winter or poor land conditions.

H. Criteria and assumptions to be used in the determination of stormwater runoff and design of management facilities are as follows: 1. Runoff coefficients shall be based on the information contained in Appendix B-1 and

B-2 if the actual land use is listed in those Appendices. If the actual land use is not listed in these Appendices, runoff coefficients shall be chosen from other published documentation, and a copy of said documentation shall be submitted with the SWM Site Plan.

2. A sample worksheet for calculating Tc is provided in Appendix B-4. Times of

concentration (Tc) shall be based on the following design parameters:

a. Sheet flow: The maximum length for each reach of sheet or overland flow before shallow concentrated or open channel flow develops is one hundred fifty (150) feet. Flow lengths greater than one hundred (100) feet shall be justified based on the actual conditions at each Development Site. Sheet flow may be determined using the nomograph in Appendix B-3, or the Manning’s kinematic solution shown in the Sheet Flow section of Worksheet No. 1 in Appendix B-4.

b. Shallow concentrated flow: Travel time for shallow concentrated flow shall be

determined using Figure 3-1 from TR-55, Urban Hydrology for small watersheds, as shown in Appendix B-5.

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c. Open Channel flows: At points where sheet and shallow concentrated flows concentrate in field depressions, swales, gutters, curbs, or pipe collection systems, the travel times to downstream end of the Development Site between these design points shall be based upon Manning’s Equation and/or acceptable engineering design standards as determined by the Municipal Engineer.

d. Times of concentration calculations shall consider the impact of runoff from

impervious areas and the resulting hydrograph volume created when the Modified Rational Method is used.

3. The developer may use stormwater credits for Non-Structural BMPs in accordance

with the BMP Manual. The allowable reduction will be determined by the Municipality.

4. Peak rate control is not required for off-site runoff. Off-site runoff may be by-passed

around the site provided all other discharge requirements are met. If offsite runoff is routed through rate control facilities, runoff coefficients for off-site discharges used to design those rate control facilities shall be based on actual land use assuming winter or poor land conditions.

I. Times of Concentration shall be calculated based on the methodology recommended in

the respective model used. Times of Concentration for channel and pipe flow shall be computed using Manning’s equation. Supporting documentation and calculations must be submitted for review and approval.

Section 306. Riparian Corridors

A. In order to protect and improve water quality, a Riparian Corridor Easement shall be created and recorded as part of any subdivision or land development that encompasses a Riparian Corridor.

B. Except as otherwise required by Chapter 102, the Riparian Corridor Easement shall be

measured to be the greater of the limit of the 100 year floodplain or 35 feet from the top of streambank (on each side).

C. Minimum Management Requirements for Riparian Corridors.

1. Existing native vegetation shall be protected and maintained within the Riparian

Corridor Easement. 2. Whenever practicable invasive vegetation shall be actively removed and the Riparian

Corridor Easement shall be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.

D. The Riparian Corridor Easement shall be enforceable by the municipality and shall be

recorded in the Lancaster County Recorder of Deeds Office, so that it shall run with the land and and shall limit the use of the property located therein. The easement shall allow

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for the continued private ownership and shall count toward the minimum lot area as required by Zoning, unless otherwise specified in the municipal Zoning Ordinance.

E. Any permitted use within the Riparian Corridor Easement shall be conducted in a

manner that will maintain the extent of the existing one-hundred-year floodplain, improve or maintain the stream stability, and preserve and protect the ecological function of the floodplain.

F. The following conditions shall apply when public and/or private recreation trails are

permitted within Riparian Corridors:

1. Trails shall be for non-motorized use only.

2. Trails shall be designed to have the least impact on native plant species and other sensitive environmental features.

G. Septic drainfields and sewage disposal systems shall not be permitted within the

Riparian Corridor Easement and shall comply with setback requirements established under 25 Pa Code Chapter 73.

Section 307. Stormwater Management Facility Design Standards

A. Above ground storage facilities. Above ground storage facilities consist of all stormwater facilities which store, infiltrate/evaporate/transpire, clean or otherwise affect stormwater runoff and the top of which is exposed to the natural environment. Above ground storage facilities are located above the finished ground elevation. Above ground storage facilities do not include stormwater management facilities designed for conveyance or cisterns. 1. Design criteria. Above ground storage facilities shall comply with the design criteria

in the following table:

Above-ground storage facility design criteria

Facility Depth

Less than 2 feet 2 feet to 8 feet Greater than 8 feet

(a) Embankment Geometry

[1] Top width (minimum) 2 feet 5 feet 8 feet

[2] Interior side slope (maximum) 2 : 1 3 : 1 5 : 1

[3] Exterior side slope (maximum) 2 : 1 3 : 1 3 : 1

(b) Embankment construction

[1] Key trench Not required Required Required

[2] Pipe collar Not required Required Required

[3] Compaction density Not required Required Required

(c) Internal Construction

[1] Dewatering feature N/A Required Required

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Above-ground storage facility design criteria

Facility Depth

Less than 2 feet 2 feet to 8 feet Greater than 8 feet

[2] Pretreatment elements Not required* Required Required

(d) Outlet Structure

[1] Pipe size (minimum) 6 inches 12 inches 15 inches

[2] Pipe material SLHDPE, PVC,

RCP SLHDPE, RCP RCP

[3] Anticlogging devices Required Required Required

[4] Antivortex design Not required Required Required

[5] Watertight joints in piping No Yes Yes

(e) Spillway Requirements

[1] Spillway freeboard (minimum) Not required 3 inches 6 inches

[2] Width (minimum) Not required 10 feet 20 feet

[3] Width (maximum) Not required 50 feet 50 feet

[4] Spillway channel design Not required Required Required

[5] Routing of 100 year storm Permitted Permitted Permitted

*Pretreatment required for infiltration BMPs unless shown to be unnecessary. N/A = Not applicable

SLHDPE = Smooth lined high density polyethylene pipe; PVC = Polyvinyl chloride; RCP = Reinforced concrete pipe

2. Facility depth.

a. For the purposes of the design criteria, the facility depth is defined to be the depth between the bottom invert of the lowest orifice and the invert of the spillway. If there is no spillway, the top of the berm shall be used. For basins with no orifices or outlet structure, the bottom elevation of the basin shall be used.

b. Facilities with a facility depth greater than eight feet (8 feet) shall not be permitted

in residential areas.

c. Facilities with a facility depth greater than 15 feet require a dam permit from DEP.

3. Embankment construction.

a. Impervious core/key trench. An impervious core/key trench, when required, shall consist of a cutoff trench (below existing grade) and a core trench (above existing grade). A key trench may not be required wherever it can be shown that another design feature, such as the use of an impermeable liner, accomplishes the same purpose.

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i. Materials. Materials used for the core shall conform to the Unified Soil Classification GC, SC, CH, or CL and must have at least 30% passing the No. 200 sieve.

ii. Dimensions.

(a) The dimensions of the core shall provide a minimum trench depth of two (2) feet below existing grade, minimum width of four (4) feet and side slope of 1H:1V or flatter.

(b) The core should extend up both abutments to the 10 year water surface

elevation or six (6) inches below the emergency spillway elevation, whichever is lower.

(c) The core shall extend four (4) feet below any pipe penetrations through

the impervious core. The core shall be installed along or parallel to the centerline of the embankment.

iii. Compaction.

(a) Compaction requirements shall be the same as those for the

embankment to assure maximum density and minimum permeability.

(b) The core shall be constructed concurrently with the outer shell of the embankment.

(c) The trench shall be dewatered during backfilling and compaction

operations.

b. Pipe collars. All pipe collars, when required, shall be designed in accordance with Chapter 7 of the DEP E&S Manual. The material shall consist of concrete or otherwise non-degradable material around the outfall barrel and shall be watertight.

c. Embankment fill material. The embankment fill material shall be taken from an appropriate borrow area which shall be free of roots, stumps, wood, rubbish, stones greater than 6 inches, frozen or other objectionable materials.

d. Embankment compaction. When required, embankments shall be compacted by

sheepsfoot or pad roller. The loose lift thickness shall be nine (9) inches or less, depending on roller size, and the maximum particle size is six (6) inches or less (two-thirds of the lift thickness). Five passes of the compaction equipment over the entire surface of each lift is required. Embankment compaction to visible non-movement is also required.

4. Internal construction.

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a. Bottom slope. The minimum bottom slope of facilities not designed for infiltration shall be one percent (1%). A flatter slope may be used if an equivalent dewatering mechanism is provided.

b. Dewatering features. When required, dewatering shall be provided through the use of underdrain, surface device, or alternate approved by the Municipality Engineer. If the facility is to be used for infiltration, the dewatering device should be capable of being disconnected and only be made operational if the basin is not dewatering within the required timeframe.

c. Pretreatment elements. When required, pretreatment elements shall consist of

forebays, or alternate approved by the Municipality Engineer, to keep silt to a smaller portion of the facility for ease of maintenance.

d. Infiltration basins. Within basins designed for infiltration, existing native

vegetation shall be preserved, if possible. For existing unvegetated areas or for infiltration basins that require excavation, a planting plan shall be prepared in accordance with § 301.N and the BMP Manual which is designed to promote infiltration.

5. Outlet configuration.

a. For facilities with a depth of two (2) feet or greater, a type D-W endwall or riser

box outlet structure shall be provided.

b. For facilities with a depth less than two (2) feet, no outlet structure is required.

c. All discharge control devices with appurtenances shall be made of reinforced concrete and stainless steel. Bolts/fasteners shall be stainless steel.

d. All outlet structures and emergency spillways shall include a satisfactory means

of dissipating the energy of flow at its outlet to assure conveyance of flow without endangering the safety and integrity of the basin and the downstream drainage area.

6. Spillway.

a. Material. The spillway shall be designed to provide a non-erosive, stable

condition when the project is completed.

b. Non-emergency use. Use of the spillway to convey flows greater than the 50-year design storm is permitted.

c. Emergency use. The spillway shall be designed to convey the 100-year

postdevelopment peak inflow.

d. When required, freeboard shall be measured from the top of the water surface elevation for emergency use.

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7. Breach analysis. The Municipality may require a breach analysis based on site-specific conditions and concern of threat for downstream property. When required, the breach analysis shall be conducted in accordance with the NRCS methodology, the US Army Corps of Engineers methodology (HEC-1) or other methodologies as approved by the Municipality.

B. Subsurface storage facilities. Subsurface storage facilities consist of all stormwater

facilities which store, infiltrate/evaporate/transpire, clean or otherwise affect stormwater runoff and the top of which is not exposed to the natural environment. Subsurface facilities are located below the finished ground elevation. Subsurface facilities do not include stormwater management facilities designed for conveyance. 1. Design criteria. Subsurface storage facilities shall comply with the design criteria in

the following table:

Subsurface storage facility design criteria

Facility Type

Infiltration and Storage Storage without Infiltration

(a) Facility Geometry

[1] Depth from surface (maximum) 2 feet less than limiting zone N/A

[2] Loading ratio (maximum) Per BMP Manual* N/A

(b) Distribution System Requirements

[1] Pipe size (minimum) 4 inches 4 inches

[2] Pretreatment Required Required

[3] Loading/balancing Required Not required

[4] Observation/access ports Required Required

*Unless otherwise determined by professional geologic evaluation.

2. Distribution system requirements.

a. Pretreatment requirements. The facility shall be designed to provide a method to

eliminate solids, sediment, and other debris from entering the subsurface facility. b. Loading/balancing. The facility shall be designed to provide a means of evenly

balancing the flow across the surface of the facility to be used for infiltration.

c. Observation/access ports.

i. For facilities with the bottom less than five (5) feet below the average grade of the ground surface, a clean-out shall be an acceptable observation port.

ii. For facilities with the bottom five (5) feet or more below the average grade of the ground surface, a manhole or other means acceptable to the Municipality shall be provided for access to and monitoring of the facility.

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iii. The number of access points shall be sufficient to flush or otherwise clean out the system.

3. Materials.

a. Pipe material. Distribution system piping may be PVC, SLHDPE, or RCP. b. Stone for infiltration beds. The stone used for infiltration beds shall be clean

washed, uniformly graded coarse aggregate (AASHTO No. 3 or equivalent approved by the Municipality). The void ratio for design shall be assumed to be 0.4.

c. Backfill material. Material consistency and placement depths for backfill shall be

(at a minimum) per all applicable pipe manufacturer’s recommendations, further providing it should be free of large (not exceeding 6 inches in any dimension) objectionable or detritus material. Select non-aggregate material should be indigenous to the surrounding soil material for non-vehicular areas. Backfill within vehicular areas shall comply with this section unless otherwise specified in governing municipal road/street or subdivision and land development ordinances. Furthermore, if the design concept includes the migration of runoff through the backfill to reach the infiltration facility, the material shall be well drained, free of excess clay or clay like materials and generally uniform in gradation.

d. Lining material. Non-woven geotextiles shall be placed on the sides and top of

subsurface infiltration facilities. No geotextiles shall be placed on the bottom of subsurface infiltration facilities.

4. Cover.

a. When located under pavement, the top of the subsurface facility shall be a minimum of three (3) inches below the bottom of pavement subbase.

b. Where located under vegetative cover, the top of the subsurface facility shall be a minimum of 12 inches below the surface elevation or as required to establish vegetation.

5. Where not specified in this Chapter, subsurface storage facilities shall be designed in

accordance with the BMP Manual.

6. Subsurface facilities shall be designed to safely convey and/or bypass flows from storms exceeding the design storm.

C. Conveyance Facilities. Conveyance facilities consist of all stormwater facilities which

carry flow, which may be located either above or below the finished grade. Conveyance facilities do not include stormwater management facilities which store, infiltrate/evaporate/transpire, or clean stormwater runoff. 1. Design criteria. Conveyance facilities shall comply with the design criteria in the

following table:

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Conveyance facility design criteria

Location Within public

street right-of-way Outside public

street right-of-way

Loading All Vehicular loading

Non-vehicular loading

(a) Pipe design

[1] Material SLHDPE, RCP PVC, SLHDPE,

RCP PVC, SLHDPE,

RCP

[2] Slope (minimum) 0.5% 0.5% 0.5%

[3] Cover 1 foot to stone

subgrade 1 foot to stone

subgrade 1 foot to surface

[4] Diameter (minimum) 15 inches 15 inches 8 inches

[5] Street crossing angle 75° to 90° N/A N/A

[6] Access/maintenance port frequency (maximum)

400 feet 400 feet 600 feet

(b) Inlet design

[1] Material Concrete Concrete Concrete, HDPE where permitted

[2] Grate depression 2 inches 2 inches 1 inch minimum

(c) Manhole design

[1] Material Concrete Concrete Concrete

(d) Swale design

[1] Freeboard (minimum) 6 inches N/A 6 inches

[2] Velocity (maximum) Stability check N/A Stability check

[3] Slope (minimum) 1% N/A 1%

[4] Side slopes (residential area) 4 : 1 max N/A 4 : 1 max

[5] Side slopes (non-residential area)

4 : 1 max N/A 3 : 1 max

[6] Bottom width to flow depth ratio 12 : 1 N/A 12 : 1

(e) Outlet design

[1] End treatment Headwall/endwall Headwall/ endwall

or flared end section Headwall/ endwall

or flared end section

[2] Energy dissipater Required Required Required

N/A = Not applicable or no criteria specified

SLHDPE = Smooth lined high density polyethylene pipe; PVC = Polyvinyl chloride; RCP = Reinforced concrete pipe

2. Conveyance pipes, culverts, manholes, inlets and endwalls within the public street

right-of-way or proposed for dedication shall conform to the requirements of PennDOT Standards for Roadway Construction, Publication No. 72M. Conveyance pipes, culverts, manholes, inlets and endwalls which are otherwise subject to vehicular loading shall be designed for the HS-25 loading condition.

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3. Conveyance pipes.

a. Backfill requirements. Backfill material. Material consistency and placement depths for backfill shall be (at a minimum) per all applicable pipe manufacturer’s recommendations, further providing it should be free of large (not exceeding 6 inches in any dimension) objectionable or detritus material. Select non-aggregate material should be indigenous to the surrounding soil material for non-vehicular areas. Backfill within vehicular areas shall comply with this section unless otherwise specified in governing municipal road/street or subdivision and land development ordinances.

b. Inlets or manholes shall be placed at all points of changes in the horizontal or vertical directions of conveyance pipes. Curved pipe sections are prohibited.

c. Access/maintenance ports. An access/maintenance port is required may either

be an inlet or manhole.

d. Watertight joints shall be provided where pipe sections are joined, except for perforated pipe installed as pavement base drain.

e. The street crossing angle shall be measured between the pipe centerline and the

street centerline.

f. Elliptical pipe of an equivalent cross-sectional area may be substituted in lieu of circular pipe where cover or utility conflict conditions exist.

g. The roughness coefficient (Manning “n” values) used for conveyance pipe

capacity calculations should be determined in accordance with PennDOT Publication 584, PennDOT Drainage Manual, or per the manufacturer’s specifications.

4. Inlets.

a. All pipes must enter inlets completely through one of the sides. No corner entry of pipes is permitted.

b. Within the public street right-of-way, the gutter spread based on the 25-year storm shall be no greater than one half of the travel lane and have a maximum depth of three inches (3 inches) at the curb line. A parking lane shall not be considered as part of the travel lane. In the absence of pavement markings separating a travel lane from the parking lane, the parking lane shall be assumed to be seven feet (7 feet) wide if parking is permitted on the street.

c. Flow depth within intersections. Within intersections of streets, the maximum

depth of flow shall be one and one-half inches (1 ½ inches) based on the 25-year storm.

d. Curbed streets.

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i. Inlets in streets shall be located along the curb line at or beyond the curb

radius points.

ii. Top units shall be PennDOT Type “C”. The hood shall be aligned with the adjacent curb height.

e. All inlets placed in paved areas shall have heavy duty bicycle-safe grating

consistent with PennDOT Publication 72M, latest edition. A note to this effect shall be added to the SWM Site Plan or inlet details therein.

f. Inlets, junction boxes, or manholes greater than five feet (5 feet) in depth shall be equipped with ladder rungs and shall be detailed on the SWM Site Plan.

g. Inlet capacity shall be based on design data provided by the manufacturers and

accepted by the Municipality. Where ponding occurs, inlet capacity shall be based on accepted engineering design practices.

5. Swales.

a. A swale shall be considered as any man-made ditch designed to convey stormwater directly to another stormwater management facility or surface waters.

b. Inlets within swales shall have PennDOT Type “M” top units or equivalent approved by the Municipality engineer.

c. Swale capacities shall be computed using the Manning equation using the

following design parameters:

i. Vegetated swales.

(a) The second condition shall consider swale capacity based upon a higher degree of retardance (“n” = 0.05); and

(b) All vegetated swales shall have a minimum slope of 1% unless otherwise

approved by the Municipal Engineer.

ii. The “n” factors to be used for paved or riprap swales or gutters shall be based upon accepted engineering design practices, as approved by the Municipal Engineer.

d. All swales shall be designed to maximize infiltration and concentrate low flows to

minimize siltation and meandering, unless geotechnical conditions do not permit infiltration.

6. Culverts. In addition to the material requirements in this section, culverts designed to

convey Waters of the Commonwealth may be constructed with either a smooth lined high density polyethylene pipe or a precast concrete culvert. Culverts shall be evaluated for both inlet and outlet control.

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7. Level spreaders.

a. Shall discharge at existing grade onto undisturbed vegetation. b. Discharge at a depth not exceeding 3.0 inches for a 50-year, 24-hour design

storm. 8. Energy dissipaters. Energy dissipaters shall be designed in accordance with the

requirements in the DEP E&S Manual.

9. End treatments.

a. Where the connecting pipe has a diameter 18 inches or greater, headwalls and endwalls shall be provided with a protective barrier device to prevent entry of the storm sewer pipe by unauthorized persons. Such protection devices shall be designed to be removable for cleaning.

b. Headwalls and endwalls shall be constructed of concrete unless otherwise

permitted by the Municipality.

c. Flared end sections, when permitted by the Municipality, shall be of the same material as the connecting pipe and be designed for the size of the connecting pipe.

D. SWM Facilities which qualify as a dam per DEP regulations or facilities deemed a

potential threat to the life, safety or welfare of the general public shall be subject to the following requirements:

1. Facilities which qualify as a dam per DEP regulation shall obtain the required permit

through DEP and design the facility in accordance with DEP standards.

2. Additional requirements and analysis may be required by the Municipality to prove that the proposed facility has been designed to limit the potential risk to the life, safety or welfare of the general public.

Section 308. Erosion and Sediment Control.

A. All earthmoving activities shall be conducted in such a way as to minimize accelerated erosion and resulting sedimentation.

B. Measures to control erosion and sedimentation shall, at a minimum, meet the standards of the Lancaster County Conservation District and Chapter 102 (Erosion Control) of Title 25, Rules and Regulations of the DEP.

C. The erosion and sedimentation control plan must be available at all times at the project

site. When required, a permit allowing earthmoving activity shall be obtained by the developer before any construction on the project site shall begin.

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D. Approval of an erosion and sedimentation control plan by the Municipality shall not be construed as an indication that the plan complies with the standards of any agency of the commonwealth.

E. In order to prevent pollution of any watercourse and to reduce erosion of soil, sediment

control devices shall be installed prior to any grading, filling or excavation. Such devices shall be designed to retain sediment on the site.

F. Calculations should be provided verifying the sizing of all erosion control facilities.

G. For all projects with greater than 1 acre of site disturbance, the erosion and

sedimentation control plan shall be submitted to the Lancaster County Conservation District for its review and approval. For projects with site disturbance between 5,000 square feet and 1 acre, the Municipality may require the erosion and sedimentation control plan be submitted to the Lancaster County Conservation District for its review and approval.

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ARTICLE IV INFORMATION TO BE INCLUDED ON OR WITH STORMWATER MANAGEMENT SITE

PLANS Section 401. General Plan Requirements

A. The SWM Site Plan shall consist of a narrative and all applicable calculations, maps, plans and supplemental information necessary to demonstrate compliance with this Ordinance.

B. All landowners of land included in the SWM Site Plan shall be required to execute all

applications and final documents.

C. All SWM Site Plans shall be prepared by a Qualified Person.

D. Where the regulated activity constitutes subdivision or land development as hereinabove defined, the SWM Site Plan shall be submitted with and form an integral part of the plans required under the Municipal Subdivision and Land Development Ordinance.

Section 402. Drafting Standards

A. The Plan should be clearly and legibly drawn.

B. If the Plan is prepared in two (2) or more drawing sheets, a key map showing the location of the sheets and a match line shall be placed on each sheet.

C. Each sheet shall be numbered to show the relationship to the total number of sheets in

the Plan (e.g. Sheet 1 of 5).

D. Drawings or maps of the project area shall be drawn at 1 inch = 50 feet or larger scale (i.e. 1 inch = 40 feet, 1 inch = 30 feet, 1 inch = 20 feet, 1 inch = 10 feet) and shall be submitted on 24-inch x 36-inch sheets.

E. SWM Site Plans shall be prepared in a form that meets the requirements for recording

for the Office of the Recorder of Deeds of Lancaster County.

F. The total Development Site boundary and size with distances marked to the nearest foot and bearings to the nearest degree

Section 403. SWM Site Plan Information The following items shall be included in the SWM Site Plan:

A. The date of the SWM Site Plan and latest revision, graphic scale, written scale and

North arrow.

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B. The name of the development, the name and address of the owner of the property, and the name of the individual or firm preparing the Plan.

C. The file or project number assigned by the firm that prepared the Plan.

D. The total acreage of the project site and the tract of land on which the project site is

located.

E. Bulk and Area requirements as listed in the zoning ordinance.

F. All coordinates as depicted on the plan shall be based on the PA South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).

G. A statement, signed by the landowner, acknowledging the SWM Facilities to be permanent fixtures that cannot be altered or removed unless a revised Plan is approved by the Municipality.

H. The following signature block for the Municipality:

Municipality of Christiana SWM Site Plan Approval Certification

At a meeting on ______________________, 20____, the Christiana Borough Council approved this project, and all conditions have been met. This approval includes the complete set of plans and information that are filed with the Municipality in File No. ______________________, based upon its conformity with the standards of the _________________________ Municipality of Christiana Storm Water Management Ordinance.

______________________ ______________________ Governing Body Signature Governing Body Signature

I. For SWM facilities located off-site,

1. A note on the Plan referencing a recorded Stormwater Operation and

Maintenance (O&M) Agreement that indicates the location and responsibility for maintenance of the off-site facilities.

2. All off-site SWM Facilities shall meet the performance standards specified in this Ordinance.

J. A note informing the owner that the Municipality shall have the right of entry for the

purposes of inspecting all stormwater conveyance, treatment, or storage facilities.

K. A location map, drawn to a scale of a minimum of one inch equals two thousand feet (1” = 2,000’), showing the relation of the tract to adjoining property and to all streets and Municipality boundaries existing within 1,000 feet of any part of the tract of land on which the project site is proposed to be developed.

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L. A plan showing the project location and its total watershed(s) and additional maps as necessary to clearly show the delineation of all drainage areas, both on site and off site, used in all stormwater runoff computations for all stormwater management facilities and all storm drainage facilities.

M. Existing Features

1. Tract boundaries showing distances, bearings and curve data, as located by field survey or by deed plotting.

2. In areas of disturbance, contours at intervals of one (1) or two (2) feet. In areas of steep slopes (greater than 15 percent) and areas undisturbed, five-foot contour intervals may be used. The location of the benchmark and the datum used shall also be indicated.

3. The locations of all existing utilities (including on lot disposal systems and wells),

sanitary sewers, and water lines and associated easements.

4. Physical features including flood hazard boundaries, wetlands, sinkholes, streams, lakes, ponds and other waterbodies, existing drainage courses, karst features, areas of native vegetation including trees greater than 6-inch diameter at breast height, woodlands, other environmentally sensitive areas and the total extent of the upstream area draining through the Development Site

5. An overlay showing soil names and boundaries

6. The names of all owners of all immediately adjacent unplatted land, the names of

all proposed or existing developments immediately adjacent and the locations and dimensions of any streets or easements shown thereon.

7. The names, locations and dimensions of all existing streets, railroads,

watercourses, drainage facilities, floodplains and other significant features within 200 feet of any part of the tract proposed to be developed and the location of all buildings and approximate location of all tree masses within the tract.

N. Proposed Features

1. Changes to the land surface and vegetative cover, including final proposed

contours at intervals of one (1) or two (2) feet in areas of disturbance. In areas of steep slopes (greater than 15 percent) and areas undisturbed, five-foot contour intervals may be used.

2. The locations and dimensions of all proposed streets, parks, playgrounds and other public areas; sewer and water facilities; lot lines and building locations; and parking compounds and other impervious and semipervious surfaces.

3. The location of any proposed on-lot disposal systems, replacement drainfield

easements, and water supply wells.

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4. A note indicating existing and proposed land use(s)

5. Where pervious pavement is to be installed, pavement material and construction specifications shall be included

6. The location of all existing and proposed easements, including drainage

easements, access easements and riparian corridor easements.

7. A planting plan shall be provided for all vegetated BMPs in accordance with Section 301.N.

O. Stormwater management facilities.

1. All storm sewers, along with any proposed connections to existing facilities.

2. Groundwater recharge methods such as seepage pits, beds or trenches. When these structures are used, the locations of infiltration areas must be shown.

3. Other control devices or methods such as rooftop storage, grass swales, parking

lot ponding, vegetated strips and detention or retention basins.

4. Plans and profiles of all proposed stormwater management facilities, including vertical and horizontal alignment, size and type of material. This information shall be of the quality required for the construction of all facilities. All swales and open channels shall have center line invert elevations shown every 100 feet and at changes in grade.

5. When plan applications are submitted in sections, a generalized stormwater

management plan for the entire project site, in addition to the detailed stormwater management plan for the proposed section. This generalized plan shall demonstrate how the stormwater of the proposed section will relate to the entire development. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted plans.

6. A note on the plan indicating any area that is not to be offered for dedication,

along with a statement that the Municipality is not responsible for maintenance of any area not dedicated to and accepted for public use and that no alteration to swales or basins or placement of structures shall be permitted within easements.

P. Erosion and sedimentation controls. The type, location and extent of all erosion and

sedimentation control measures shall be shown on an erosion and sedimentation control plan that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the DEP.

Section 404. Additional Information

A. General description of the Development Site, including a description of existing natural

and hydrologic features and any environmentally sensitive areas.

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B. General description of the overall SWM concept for the project, including a description of permanent SWM techniques, non-structural BMPs to be employed and construction specifications of the materials to be used for structural SWM facilities. The narrative shall include a description of any treatment trains and how the facilities are meant to function with each other to manage stormwater runoff.

C. The effect of the project (in terms of runoff volumes, water quality and peak flows) on

adjacent properties and on any existing municipal stormwater management facilities that may receive runoff from the Development Site.

D. Stormwater runoff calculations for both predevelopment and postdevelopment conditions

including complete hydrologic, hydraulic, and structural computations for all SWM facilities.

E. Expected project time schedule.

Section 405. Supplemental Information

A. In areas of carbonate geology, a detailed geologic evaluation prepared by a registered Professional Geologist (PG) shall be submitted as part of the SWM Site Plan. The report shall include, but not limited to the following:

1. The location of the following karst features;

a. sinkholes b. closed depressions c. lineaments in carbonate areas d. fracture traces e. caverns f. intermittent lakes g. ephemeral disappearing streams h. bedrock pinnacles (surface or subsurface)

2. A plan for remediation of any identified karst features.

3. Impacts of stormwater management facilities on adjacent karst features, and

impacts of karst features on adjacent stormwater management facilities.

4. A statement indicating whether infiltration is recommended at the proposed stormwater facility locations.

5. Specific recommendations stating what measures, procedures and materials

shall be utilized as part of installing the proposed stormwater management facilities.

6. A discussion of the total area and impervious area loading ratios and the impact

on the underlying geology.

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B. An E&S Plan, including all approvals, as required by 25 Pa. Code Chapter 102, shall be provided to the municipality prior to unconditional final plan approval.

C. For any activities that require a DEP Joint Permit Application and are regulated under Chapter 105 or Chapter 106, require a Penn DOT Highway Occupancy Permit, or require any other permit under applicable state or federal regulations, the permit(s) shall be part of the SWM Site Plan and must be obtained prior to unconditional final plan approval.

D. An Operation and Maintenance (O&M) Plan that addresses the requirements of Section 603.

E. The filing fee and/or inspection fee in the amount specified on the Fee Schedule, as may be amended from time to time, adopted by resolution of the Municipality Council.

F. Financial security for the completion of stormwater management facilities, as set forth in Section 112.

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ARTICLE V

PLAN PROCESSING PROCEDURES Section 501. Small Projects.

A. Regulated activities that, measured on a cumulative basis from the date of enactment of this Ordinance, create new impervious areas of more than 1,000 sq.ft. and less than 5,000 sq.ft. or involve Earth Disturbance Activity of an area less than 5,000 sq. ft. and do not involve the alteration of stormwater facilities or watercourses may apply the modified requirements presented in the “Simplified Approach to Stormwater Management for Small Projects” (Simplified Approach) (Appendix A). Appendix A includes instructions and procedures for preparation, submittal, review and approval of documents required when using the Simplified Approach and shall be adhered to by the Applicant. All other provisions of this Ordinance shall apply.

The Applicant shall contact the Municipal Engineer to:

1. Confirm that the proposed project is eligible for use of the Simplified Approach and is not otherwise exempt from these Ordinance provisions.

2. Determine what components of the proposed project are to be considered as Impervious Surfaces.

3. Determine if other known Site or local conditions exist that may preclude the use of any techniques included in the Simplified Approach.

B. Where Regulated Activities meet the Small Project criteria in Section 501.A. above, the applicant may be required to provide stormwater management facilities and associated plans and/or calculations as required in this ordinance should the Municipality determine that there is a potential for stormwater runoff associated with the proposed Regulated Activity to adversely affect adjacent or downstream public or private properties.

Section 502. Exemption from Plan Submission Requirements

A. The following Regulated Activities are specifically exempt from the SWM Site Plan preparation and submission requirements articulated in Section 301.A and Articles IV and V of this Ordinance:

1. Agricultural activity (see definitions) provided the activities in accordance with a conservation plan or erosion and sedimentation control plan approved by the Lancaster County Conservation District and are performed according to the requirements of 25 Pa. Code Chapter 102.

2. Forest management and timber operations (see definitions) provided the

activities are performed according to the requirements of 25 Pa. Code Chapter 102.

3. Conservation Practices being installed as part of the implementation of a

Conservation Plan written by an NRCS certified planner.

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4. The installation of 1,000 or fewer square feet of Impervious Surface coverage or involve Earth Disturbance Activity of an area less than 5,000 sq. ft. and do not involve the alteration of stormwater facilities or watercourses proposed after the enactment of this Ordinance; provided that the activities meet the criteria of Section 502.C below and are conducted in accordance with all requirements of this Ordinance.

5. Domestic landscape and/or vegetable gardening, except to the extent that the

creation, operation or maintenance of such activities would otherwise conflict with the standards contained in the Ordinance, Act or Plan.

6. Installation of additional impervious surface coverage on a lot where all of the

following conditions have been met:

a. The lot has a previously approved SWM Site Plan which included SWM Facilities designed in accordance with the requirements of this ordinance to handle such future impervious surface coverage.

b. The SWM Facilities on the approved SWM Site Plan were installed and inspected and approved by the Municipal Engineer.

c. The Municipality approved the SWM Site Plan not more than five years before the application to add the impervious surface coverage was submitted to the Municipality or, if the Municipality approved the SWM Site Plan more than five years before the application to add the impervious surface coverage was submitted to the Municipality, there have been no amendments to the design standards of this Chapter between the date of approval of the SWM Site Plan and the submission of the application to add impervious surface coverage.

B. The Municipality may deny or revoke any exemption pursuant to this Section at any time

for any project that the Municipality believes may pose a threat to public health, safety, property or the environment.

C. An Applicant proposing the cumulative installation of 1,000 square feet or less of Impervious Surface coverage may be exempt from the design, plan submittal, and processing requirements of Articles III, IV, and V of this Ordinance if the proposal meets the criteria in the Section 502.C. No person or activity is exempted from compliance with Section 605 and Articles VII, VIII, and IX of this Ordinance. Exemptions do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation, or ordinance. Exemption shall not relieve an applicant from implementing such measures as necessary to meet compliance with any NPDES Permit requirements. Any exemption based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. 1. Any Applicant desiring exemption from design, plan submission, and plan processing

requirements shall complete an application for exemption in the form set forth in Appendix A and pay any applicable filing fee.

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2. The Applicant for exemption under this Section 502.C shall provide the Municipality

with all information necessary for the Municipality to determine that:

a. There shall be no disturbance of land within Floodplains, Wetlands, Riparian Forest Buffers, or slopes greater than 15%, and Natural Heritage and other areas designated as Conservation or Preservation in Greenscapes.

b. No Impervious Surface coverage shall be installed and no grading or excavation shall be conducted within any existing drainage or Stormwater easement created by or shown on any recorded plan.

c. The Applicant shall minimize soil disturbance, take steps to minimize Erosion

during construction activity, and promptly reclaim all disturbed areas with topsoil and vegetation.

d. The Applicant shall take steps that Runoff be directed to Pervious Areas on the

subject property. No Runoff shall be directed onto an abutting street or neighboring property.

e. The proposed Impervious Surface shall not adversely impact any existing known

problem areas or downstream property owners or the quality of Runoff entering any municipal separate Storm Sewer system.

f. The proposed Impervious Surface shall not create Erosion.

3. If the proposed activity does not meet all of the criteria set forth in Section 502.C.2

above, the Applicant shall follow the Small Project processing procedure in Section 501.

4. No Applicant and no activity is exempt from complying with any state or federal

requirements applicable if the subject property is located in a High Quality (HQ) or Exceptional Value (EV) watershed.

5. No Applicant and no activity shall violate or cause to be violated: the Federal Clean

Water Act or any regulation issued thereunder, an NPDES permit, any recorded Stormwater Management or Operations and Maintenance Agreement, or any requirement applicable to a Municipal Separate Storm Sewer System.

Section 503. Pre-Application Meeting Applicants are encouraged to schedule a pre-application meeting to review the overall stormwater management concept with Municipal staff/engineer. The pre-application meeting is not mandatory and shall not constitute formal filing of a plan with the Municipality. Topics discussed may include the following;

o Available geological maps, plans and other available data.

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o Findings of the site analysis including identification of any environmentally

sensitive areas, wellhead protection areas, riparian corridors, hydrologic soil groups, existing natural drainageways, karst features, areas conducive to infiltration to be utilized for volume control, etc.

o Results of infiltration tests.

o Applicable municipal Subdivision and Land Development and/or Zoning

ordinance provisions.

o The conceptual project layout, including proposed structural and non-structural BMPs.

Section 504. Stormwater Management Site Plan Submission

A. When a Stormwater Management Site Plan is required, the applicant shall submit the following to the Municipality: 1. Four copies to the SWM Site Plan prepared in accordance with the requirements

of Article IV of this Ordinance. 2. Two (2) copies of all supplemental data. 3. A filing fee (in accordance with the Municipality’s current fee schedule).

B. The SWM Site Plan shall be submitted in a format that is clear, concise, legible, neat

and well organized.

C. The applicant is responsible for submitting plans to any other agencies such as the Lancaster County Conservation District, PennDOT, DEP, etc. when permits from these agencies are required. Final approval shall be conditioned upon the applicant obtaining all necessary permits.

D. Incomplete submissions as determined by the governing body or its designee shall

be returned to the Applicant within 7 days, along with a statement that the submission is incomplete, and stating the deficiencies found. Otherwise, the application shall be deemed accepted for filing as of the date of submission. Acceptance of the application shall not, however, constitute an approval of the plan or a waiver of any deficiencies or irregularities. The applicant may appeal the Municipality’s decision not to accept a particular application in accordance with Section 805 of this Ordinance.

E. At its sole discretion and in accordance with this Article, when a SWM Site Plan is

found to be deficient, the Municipality may either disapprove the submission and require a resubmission, or in the case of minor deficiencies, the Municipality may accept submission of revisions.

F. The Municipal Secretary shall submit a copy of the plan to the Municipality Planning

Commission and the Municipal Engineer for their respective reviews and recommendations.

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Section 505. Municipal Review

A. When the Regulated Activity constitutes a Subdivision or Land Development as defined

in the municipal Subdivision and Land Development Ordinance in effect at the time of plan or application submission, the SWM Site Plan and Subdivision/Land Development Plan shall be processed concurrently according to the plan processing procedure outlined in the Subdivision and Land Development Ordinance in effect.

B. When the regulated activity constitutes a Small Project the Municipality shall review and take action on the Small Project Application within 30 days of filing.

C. When the regulated activity does not constitute a Subdivision or Land Development or Small Project the Municipal Engineer shall review the SWM Site Plan for conformance with the provisions of this ordinance.

D. Following receipt of the Municipal Engineer’s report and within ninety (90) days following

the date of the first regular meeting of the Governing Body after the date the application is filed, the Governing Body will schedule the SWM Site Plan application for action at a regularly scheduled Public Meeting.

E. Within fifteen (15) days of the meeting at which the SWM Site Plan application is acted upon by the Governing Body, written notice of the Governing Body's action shall be sent to the following individuals: 1. Landowner or his agent. 2. Applicant. 3. Firm that prepared the Plan. 4. Lancaster County Conservation District.

F. If the Municipality disapproves the SWM Site Plan, the municipality will state the reasons for the disapproval in writing. The Municipality also may approve the SWM Site Plan with conditions and, if so, shall provide the acceptable conditions for approval in writing. Such conditional approval shall be contingent upon the applicant's written acceptance of the conditions.

G. Failure of the Borough Council to render a decision and communicate it to the developer

within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the developer has agreed, in writing, to an extension of time or a change in the prescribed manner of presentation or communication of the decision, in which case failure to meet the extended time or a change in the manner of presentation of communication shall have like effect.

H. Approval of a stormwater management plan by the Municipality shall not be construed as an indication that the plan complies with the standards of any agency of the commonwealth

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I. Approval of a stormwater management plan by the Municipality shall be obtained by a developer prior to the issuance of a zoning permit by the Municipality. No construction of stormwater management facilities may begin until a zoning permit is obtained by the developer in accordance with Municipality of Christiana Zoning Ordinance.

J. Upon approval and certification of a SWM Site Plan by the Municipality, the Applicant

shall record the Plan in the office of the Lancaster County Recorder of Deeds. No approved SWM Site Plan may be recorded unless it bears the signature of an authorized representative of the municipality denoting approval of the SWM Site Plan. A recording number and a complete SWM Site Plan with all signatures, stamps and seals must be provided to the Municipality before any permits are issued.

Section 506. Revision of Plans

A. Revisions to a SWM Site Plan after submission but before municipal action shall require

a re-submission of the modified SWM Site Plan consistent with Section 504 of this Ordinance and be subject to review as specified in Section 505 of this Ordinance.

B. For the purposes of review deadlines, each resubmission required under Section 506.A

(after submission but before approval) shall constitute a new submission for the purposes of time limits as set forth in the MPC and this ordinance.

C. Any substantial revisions to a SWM Site Plan after approval shall be submitted as a new

plan to the Municipality, accompanied by the applicable Review Fee.

Section 507. Authorization to Construct and Term of Validity

Any Plan which has been approved at the time of the effective date of this Ordinance or subsequent thereto shall have only those rights afforded the Applicant under the Development Permit Extension Act, 53 P.S. § 11703.1 et seq., and nothing in this Ordinance shall be construed to afford any Applicant more rights than are afforded under said Act. If a Certificate of Completion as required by Section 508 of this Ordinance has not been submitted within the time period specified in the aforementioned Act, then the Municipality may consider the SWM Site Plan disapproved and may revoke any and all permits issued by the municipality. SWM Site Plans that are considered disapproved by the Municipality may be resubmitted in accordance with Section 504 of this Ordinance.

Section 508. Certificate of Completion A. At the completion of the project, and as prerequisite for the release of the Financial Security,

the applicant shall provide Certification of Completion from an Engineer, Landscape Architect, Surveyor or other qualified person verifying that all permanent SWM facilities have been constructed according to the Plans and specifications and approved revisions thereto.

B. Upon receipt of the Certificate of Completion, and prior to release of the remaining Financial

Security the municipality shall conduct a final inspection to certify compliance with this Ordinance.

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C. Where an NPDES permit has been issued for a project, evidence of an executed NPDES Notice of Termination shall be provided to the Municipality.

Section 509. Record Drawings. A. Upon completion of the plan improvements and prior to the release of financial security, the

applicant shall submit Record Drawings to the Municipality. The Record Drawings must show the final design specifications for all stormwater management facilities and be sealed by a registered professional engineer.

B. Review by Municipal Engineer.

1. Record Drawings shall be reviewed by the Municipal Engineer to verify the plan includes

all of the stormwater management facilities on the subject property and the facilities are

shown at the correct location. Record Drawings shall indicated that the required

grading, stormwater management facilities, BMP’s, riparian buffers, and other facilities

associated with stormwater management have been installed in substantial conformance

with the approved plan and that the project has been completed in a manner consistent

with all initial stormwater design assumptions. The Record Drawings shall clearly

specify all deviations from the previously approved plan.

2. Following approval of the Record Drawing and prior to release of financial security,

digital copies of the Record Drawing shall be provided to the Municipality in AutoCAD

format and as a PDF. All coordinates as depicted on the plan shall be based on the PA

South Zone State Plane Coordinate System (NAD83 for horizontal and NAVD88 for

vertical).

3. The Municipal Engineer shall either approve the Record Drawings or identify corrections

required.

4. If the Municipal Engineer identifies corrections required to the Record Drawings, the

applicant shall submit revised Record Drawings to the Municipality addressing the

corrections.

C. Following approval of the Record Drawings by the Municipal Engineer, the applicant shall submit the SWM Site Plan for recordation in the Office of the Recorder of Deeds.

D. Digital inventory.

1. When required. A digital inventory shall be submitted following approval of the Record Drawings by the Municipal Engineer.

2. Digital inventory requirements.

a. The digital inventory shall be in an electronic format acceptable to the Municipal Engineer.

b. The digital inventory shall include all information included and shown on the approved Record Drawings.

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c. All coordinates as depicted on the plan shall be based on the PA South Zone State Plan Coordinate System (NAD83 for horizontal and NAVD88 for vertical).

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ARTICLE VI OPERATION AND MAINTENANCE (O&M)

Section 601. Responsibilities of Developers and Landowners

A. The Landowner, successor and assigns shall maintain all Stormwater Management Facilities in good working order in accordance with the approved O & M Plan.

B. The Landowner shall convey to the Municipality easements to assure access for

inspections and maintenance, if required.

C. The Landowner shall keep on file with the Municipality the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the Municipality within ten (10) days of the change.

D. Enumerate permanent SWM facilities as permanent real estate appurtenances and

record as deed restrictions or easements that run with the land.

E. The record owner of the Development Site shall sign and record an Operation and Maintenance (O&M) Agreement covering all Stormwater Management Facilities, including riparian buffers and riparian forest buffers, which are to be privately owned. Said agreement, designated as Appendix C, is attached and made part hereto. The O&M Plan and Agreement shall be recorded as a restrictive covenant agreement that runs with the land.

Section 602. Operation and Maintenance Agreements

A. The Operation and Maintenance Agreement shall be subject to the review and approval of the municipal solicitor and governing body.

B. The Municipality is exempt from the requirement to sign and record an O&M agreement. Section 603. Operation and Maintenance (O&M) Plan Contents

A. The O&M Plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities.

B. The following shall be addressed in the O&M Plan:

1. Description of maintenance requirements, including, but not limited to, the following:

a. Regular inspection of the SWM facilities. To assure proper implementation of BMPs, maintenance and care SWM BMPs should be inspected by a qualified person, which may include the landowner, or the

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owner’s designee (including the municipality for dedicated and owned facilities), according to the following minimum frequencies:

i. Annually for the first 5 years.

ii. Once every 3 years thereafter.

iii. During or immediately after the cessation of a 10-year or greater storm.

iv. As specified in the O&M Agreement pursuant to Section 602.

b. All pipes, swales and detention facilities shall be kept free of any debris or other obstruction and in original design condition.

c. Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways, pipes, detention or retention basins, infiltration structures, or BMPs, and thus reducing their capacity to convey or store water.

d. Re-establishment of vegetation of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be subject to approval by the Municipality.

2. Riparian forest buffer management plan prepared in accordance with 25 Pa.

Code Chapter 102 §14(b)(4) if required.

3. Identification of a responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation control facilities.

4. Establishment of suitable easements for access to all facilities. Section 604. Maintenance of Facilities During Development Maintenance of stormwater management facilities during development of a project site shall be the responsibility of the developer and the landowner and shall include but not he limited to:

A. Removal of silt from all debris basins, traps or other structures or measures when 60% of the capacity is filled with silt; provided, however, that in no case shall the sediment level be permitted to build up higher than one foot below the principal outlet crest. At this elevation, clean out shall be performed to restore the original design volume to the basin or other structure. The elevation corresponding to the maximum allowable sediment level shall be determined and stated in the design data as a distance below the top of the riser. The elevation shall be clearly marked on the riser to enable proper maintenance.

B. Periodic maintenance of temporary control facilities, such as replacement of straw bale

dikes, straw filters or similar measures.

C. Establishment or reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established.

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D. Installation of necessary controls to correct unforeseen problems caused by storm

events within design frequencies.

E. Removal of all temporary stormwater management control facilities upon installation of permanent stormwater management facilities at the completion of the development.

Section 605. Maintenance of Facilities After Development It is the purpose and intent of this chapter that the Municipality shall not become responsible for maintenance and supervision of stormwater management facilities unless such facilities are within rights-of-way dedicated to and accepted by the Municipality or unless such facilities are specifically accepted by the Municipality. The plan shall reflect and/or be accompanied by supporting documentation identifying the ownership of and the responsibility to maintain all stormwater management facilities. The responsibility for stormwater management facility maintenance falls upon the developer of the project site who shall remain responsible for those areas of the project site which are subject to the requirements of this chapter. This responsibility may be retained or assigned to third persons as is deemed most acceptable to the developer.

A. It is the intent of this chapter that the purposes of this chapter shall be carried out through the exercise of responsibility of private parties, and, therefore, it is anticipated that stormwater management plans shall be designed with a view towards facilities which can effectively be contained within the tracts to be owned and maintained by private parties. To foster this purpose, stormwater management facilities which will not otherwise become part of Municipality property shall become the responsibility of the individual property owners on whose properties such stormwater management facilities lie, including but not limited to retention ponds, detention ponds, sediment basins, energy dissipators or grassed waterways, or may be maintained by a private entity.

B. The Municipality and the developer shall enter into an agreement, which shall be recorded, setting forth such maintenance responsibilities. Persons, including developers, conveying property within a project site to another party which contains any stormwater management facilities shall include a specific deed reference to such grantee’s responsibility for the maintenance and care of the stormwater management facilities as are included within such grantee’s property. The agreement shall impose responsibilities upon said property owner for the maintenance of the portions of the stormwater management facilities within the boundary lines of said property as may be necessary for proper maintenance of the stormwater management facilities in accordance with the terms of this chapter or it may impose such responsibilities upon a private entity in accordance with the requirements of this section and Section 607.

C. Required maintenance of stormwater management facilities shall include at a minimum the following: 1. Liming and fertilizing vegetated channels and other areas according to specifications

in the Erosion and Sedimentation Control Handbook of Lancaster County.

2. Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.

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3. Mowing as necessary to maintain adequate stands of grass and to control weeds.

Chemical weed control may be used if state and local regulations are met. 4. Removal of silt from all permanent structures which trap silt or sediment in order to

keep the material from building up in the grass waterways thus reducing their capacity.

5. Regular inspection of the areas in question to assure proper maintenance and care. 6. Removal of silt from all permanent drainage structures in order to maintain the

design storage volumes. Regular maintenance programs shall be established and maintained.

7. Replacement of pipes and structures, if deemed necessary by the Municipality.

D. The agreement between the Municipality and the developer hereinabove mentioned shall also include notice that in the event that the individual property owner or other responsible entity should fail to comply with the terms of this chapter for the maintenance and care of the land in question, the Municipality shall have the authority to carry out those duties hereby imposed upon individual property owners or other responsible entity. The Municipality may, after giving notice to an individual property owner or other responsible entity, as applicable, that he or it is not properly maintaining the areas subject to this chapter, and by making demand that such compliance shall be made within the time period set forth in the notification, enter upon said property and take such actions as may be required to bring the area into compliance with this chapter. The Municipality shall further have the right to file a municipal lien against such property or, if a private entity is responsible for maintenance, to file a municipal lien as set forth in Section 607 and Section 705 of the Pennsylvania Municipalities Planning Code (“MPC”)

to recover the cost of maintenance work carried out under this section, plus a penalty of 10% of the costs of such work. The Municipality shall, in addition to the filing of a municipal lien, have any other remedies provided by law against any property owner or other entity who should fail to comply with the terms of this chapter.

Section 606. Maintenance of Facilities Accepted by the Municipality

A. The municipality reserves the right to accept or reject any proposal to dedicate ownership and operating responsibility of any SWM facilities to the municipality.

B. Where the Board of Supervisors accepts dedication for all or some of the required SWM Facilities following completion, the Municipality shall require the posting of financial security to secure structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved Storm Water Management Site Plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in Section 112 with regard to Financial Security, and the amount of the financial security

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shall not exceed 15 percent of the actual cost of installation of said facilities. The amount of financial security shall be reviewed and approved by the Municipal Engineer.

Section 607. Maintenance of Facilities Not Accepted by Municipality

A. Responsibility.

1. It is the intent of this chapter that the purposes of this chapter shall be carried out through the exercise of responsibility of private parties, and, therefore, it is anticipated that stormwater management plans shall be designed with a view towards facilities which can effectively be contained within the tracts to be owned and maintained by private parties. To foster this purpose, with respect to stormwater management facilities on a project site as shown on a plan of a developer, which stormwater management facilities will not otherwise become part of Municipality property, such facilities shall become the responsibility of the individual property owners on whose properties such stormwater management facilities lie, including but not limited to retention ponds, detention ponds, sediment basins, energy dissipaters or grassed waterways, and the Municipality and developer shall enter into an agreement, which shall be recorded, setting forth such maintenance responsibilities.

2. Persons, including developers, conveying property within a project site to another party, which property contains any stormwater management facilities, shall include a specific deed reference to such grantee’s responsibility for the maintenance and care of the stormwater management facilities as are included within such grantee’s property. The deed reference to such stormwater management facilities shall be in the form of a deed restriction imposing responsibilities upon said property owner for the maintenance of the portions of the stormwater management facilities within the boundary lines of said property as may be necessary for proper maintenance of the stormwater management facilities in accordance with the terms of this chapter. Such maintenance shall include, at a minimum, the following:

a. Liming and fertilizing vegetated channels and other areas according to

specifications in the Erosion and Sedimentation Control Handbook of Lancaster County.

b. Reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.

c. Mowing as necessary to maintain adequate strands of grass and to control

weeds. Chemical weed control may be used if state and local regulations are met.

d. Removal of silt from all permanent structures which trap silt or sediment in order

to keep the material from building up in the grass waterways, thus reducing their capacity.

e. Regular inspection of the areas in question to assure proper maintenance and

care

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f. Removal of silt from all permanent drainage structures in order to maintain the design storage volumes.

g. Replacement of pipes and structures, if deemed necessary by the Municipality.

3. The deed restrictions hereinabove mentioned shall also include notice that, in the

event that the individual property owner should fail to comply with the terms of this chapter for the maintenance and care of the land in question, the Municipality shall have the authority to carry out those duties hereby imposed upon individual property owners. The Municipality may, after giving notice to an individual property owner that he is not properly maintaining the areas subject to this chapter and by making a demand that such compliance shall be made within the time period set forth in the notification, enter upon said property and take such actions as may be required to bring the area into compliance with this chapter. The Municipality shall further have the right to file a municipal lien against such property for the cost of maintenance work carried out under this section, plus a penalty of 10% of the costs of such work. The Municipality shall, in addition to the filing of a municipal lien, have any other remedies provided by law against any property owner who should fail to comply with the terms of this chapter.

Section 608. Maintenance of facilities by Private Entity. In cases where permanent maintenance of stormwater management facilities is to be performed by a private entity, such as a homeowners’ association or a condominium unit owners’ association, such entity shall be responsible for the maintenance of such facilities and shall enter into a legally binding agreement with the Municipality. Such agreement shall provide the Municipality rights, in accordance with § 705 of the Pennsylvania Municipalities Planning Code,18 relating to the maintenance of common open space should the private entity fail to adequately maintain the stormwater management facilities. Section 609. Maintenance of Existing Facilities / BMPs

A. SWM facilities existing on the effective date of this Ordinance, which have not been accepted by the Municipality or for which maintenance responsibility has not been assumed by a private entity such as a homeowners’ association shall be maintained by the individual Landowners. Such maintenance shall include at a minimum those items set forth in Section 603.B.1 above. If the Municipality determines at any time that any permanent SWM facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the condition constitutes a nuisance and the Municipality shall notify the Landowner of corrective measures that are required, and provide for a reasonable period of time, not to exceed 30 days, within which the property owner shall take such corrective action. If the Landowner does not take the required corrective action, the Municipality may either perform the work or contract for the performance of the work and bill the Landowner for the cost of the work plus a penalty of 10% of the cost of the work. If such bill is not paid by the property owner within 30 days, the Municipality may file a municipal claim against the property upon which the work was performed in accordance with the applicable laws. The municipality shall have the right to choose among the remedies and may use one or more remedies concurrently.

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ARTICLE VII FEES AND EXPENSES

Section 701. General The municipality may include all costs incurred in the review fee charged to an applicant.

Section 702. Expenses Covered by Fees The review fee may include, but not be limited to, costs for the following: A. Administrative and clerical costs.

B. Review of the SWM Site Plan.

C. Review of the Stormwater Operation and Maintenance Plan and Stormwater Agreement

by the Municipal Solicitor/Staff.

D. Inspections.

E. Any additional work required to enforce any permit provisions regulated by this Ordinance, correct violations, and assure proper completion of stipulated remedial actions.

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ARTICLE VIII PROHIBITIONS

Section 801. Prohibited Discharges and Connections A. The following connections are prohibited.

1. Any drain or conveyance, whether on the surface or subsurface, that allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter a municipal separate storm sewer (if applicable), or waters of this Commonwealth, and any connections to the storm sewer from indoor drains and sinks; and

2. Any drain or conveyance connected from a commercial or industrial land use to

the municipal separate storm sewer (if applicable) which has not been documented in plans, maps, or equivalent records, and approved by the Municipality.

B. No person shall allow, or cause to allow, discharges into surface waters of this

Commonwealth which are not composed entirely of stormwater, except (1) as provided in Section 801.D below and (2) discharges allowed under a state or federal permit.

C. No person shall place any structure, fill, landscaping or vegetation into a SWM facility or

within a drainage easement that will limit or diminish the functioning of the facility in any manner.

D. The Municipality may allow discharges based on a finding by the Municipality that the

discharge(s) do not significantly contribute to pollution to surface waters of the commonwealth. The Municipality may allow the following:

Discharges from firefighting activities

Potable water sources including water line flushing

Irrigation drainage

Air conditioning condensate

Springs

Water from crawl space pumps

Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used

Flows from riparian habitats and wetlands

Uncontaminated water from foundations or from footing drains

Lawn watering

De-chlorinated swimming pool discharges

Uncontaminated groundwater

Water from individual residential car washing

Routine external building wash down (which does not use detergents or other compounds)

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Diverted stream flows

Rising ground waters E. In the event that the municipality or DEP determines that any of the discharges identified

in Section 801.D above significantly contribute to pollution of the waters of this Commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.

F. Roof drains shall not be connected to streets, sanitary or storm sewers or roadside

ditches, except as provided in Section 801.D.

G. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, or other component of the Municipality’s separate storm sewer system, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

Section 802. Alteration of SWM BMPs No person shall modify, remove, fill, landscape or alter stormwater management facilities or stormwater BMPs which may have been installed on a property unless a stormwater management plan has been approved which authorizes such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping or vegetation into a stormwater management facility or within a drainage easement which will limit or alter the functioning of the facility or easement in any manner.

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ARTICLE IX ENFORCEMENT AND PENALTIES

Section 901. Right-of-Entry Upon presentation of proper credentials, duly authorized representatives of the Municipality may enter at reasonable times upon any property within the Municipality to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this Ordinance. Section 902. Enforcement The municipal governing body is hereby authorized and directed to enforce all of the provisions of this ordinance.

A. Any permit or approval issued by the municipality pursuant to this ordinance may be suspended by the Municipality for:

1. Noncompliance with or failure to implement any provision of the approved SWM Site

Plan or O&M Agreement.

2. A violation of any provisions of this ordinance or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.

3. The creation of any condition or the commission of any act during construction or

development that constitutes or creates a hazard, nuisance, pollution or endangers the life or property of others.

B. A suspended permit may be reinstated by the Municipality when:

1. The Municipality has inspected and approved the corrections to the violation that

caused the suspension;

2. The Municipality is satisfied that the violation has been corrected. Section 903. Penalties A. Enforcement of any violation(s) of the provisions of this Ordinance shall be brought

before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The solicitor of the Municipality may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. NO. 454 (relating to trial in summary cases). Any individual who is found to have violated any provision(s) of this Ordinance shall be guilty of a summary offense and be subject to criminal fines for each such violation of not less than three hundred and 00/100 dollars ($300.00), or more than one thousand and 00/100 dollars ($1,000.00), recoverable with costs and reasonable attorney fees. Each day that a violation occurs shall constitute a separate offense. All fines shall be paid to the treasurer of the Municipality. If the amount of such fines and

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penalties due hereunder exceed the monetary jurisdiction of a magisterial district judge, exclusive of interest, costs or other fees, the Municipality may bring such action in the court of common pleas.

B. If any person found to have violated a provision of this Ordinance and fails or refuses to

submit the penalty to the Municipality within ten (10) days from the date of having been found to have violated this Ordinance, then the Municipality may commence a civil enforcement proceeding seeking penalties and costs for the violation of this Ordinance and/or may commence an action in equity. The Municipality shall seek a judgment for the penalty previously imposed together with additional daily penalties for continuing violations plus all court costs, including the reasonable attorney fee incurred by the Municipality in the enforcement proceedings.

C. In addition, the Municipality may institute injunctive, mandamus or any other appropriate

action or proceeding at law or in equity for the enforcement of this Ordinance, and may request any court of competent jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

Section 904. Appeals A. Any person aggrieved by any administrative action of the Municipality may appeal to the

Municipality’s governing body within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa. C.S.A. 401 et seq.

B. Any person aggrieved by any action taken in accordance with Section 903 of this

Ordinance may take an appeal as provided by law with respect to appeals of summary offenses.

C. Any person aggrieved by any decision of the Municipality’s governing body may appeal

to the Lancaster County Court of Common Pleas, in accordance with Article VII of Local Agency Law, 2 Pa. C.S.A. 701 et seq. the Local Agency Law, within 30 days of that decision.

Section 905. Modification of Ordinance Provisions A. The provisions of this Ordinance not relating to water quality are intended as minimum

standards for the protection of the public health, safety, and welfare. The Municipality reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this Ordinance, and that the applicant shows that to the satisfaction of the Municipality that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action.

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B. In granting waivers/modifications for provisions of this Ordinance not relating to water quality, the Municipality may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this Ordinance.

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ENACTED and ORDAINED at a regular meeting of the Christiana Borough Council on the day of , 20 . This Ordinance shall take effect immediately. ______________________________________ [Name], [Title] ______________________________________ [Name], [Title] ______________________________________ [Name], [Title] ATTEST: ___________________________ [Name], Secretary (type or print) I hereby certify that the foregoing Ordinance was advertised in the [name of newspaper] on [date], a newspaper of general circulation in the Municipality and was duly enacted and approved as set forth at a regular meeting of the Christiana Borough Council held on [date]. ________________________________ [name], Secretary

APPENDIX A

SIMPLIFIED APPROACH TO

STORMWATER MANAGEMENT FOR

SMALL PROJECTS

In Christiana Borough,

Lancaster County, Pennsylvania

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TABLE OF CONTENTS

I. Introduction 3

II. Importance of Stormwater Management 3

III. Standard Terms Used in the Manual 3

IV. Determining What Type of Stormwater Management

Submission is Needed 4

V. Using the Stormwater Management Worksheets 6

VI. Small Project Site Plan Requirements 7

VII. Selecting Stormwater BMPs 9

VIII. Small Project Application & Worksheets 9

IX. Stormwater Management/ BMP Facilities & Maintenance Agreement 14

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I. Introduction:

This design manual has been created as a tool to help property owners manage

stormwater on their property and streamline the process of designing on-site stormwater

management facilities for Regulated Activities that are new, relatively minor residential and

accessory structure projects (less than 5,000 square feet). Through the use of this manual,

residents have the ability to determine the appropriate facilities for their property, project and

budget. This design method is not intended to be used with large-scale subdivision / land

development projects or activities that include infrastructure such as roadways.

The Stormwater Best Management Practices (Stormwater BMPs) listed in this manual should be

used as a guide and are not a comprehensive list of options. Residents should contact Christiana

Borough to discuss alternative solutions for site specific applications.

II. Importance of Stormwater Management:

Stormwater is the runoff produced by precipitation, snow melt, or ice melt. When land is

developed or changed, the flow patterns of water, volume of water and quality of water are also

changed. Land development activities can affect characteristics of stormwater runoff, including

the rate of runoff, volume of runoff, and quality of runoff. When runoff is not managed, the

increased volume may aggravate flooding.

The objective of stormwater management is to prevent or mitigate the adverse impacts of

the increase in rate and volume of stormwater runoff, while also protecting health, safety, and

property. Stormwater BMPs aim to maintain water quality, encourage infiltration in appropriate

areas, promote groundwater recharge, maintain the natural drainage characteristics of the site to

the maximum extent practicable, and protect stream banks and beds.

III. Standard Terms Used in the Manual:

BMP (Best Management Practice) – Activities, facilities, designs, measures, or procedures

used to manage stormwater impacts from Regulated Activities, to provide water quality

treatment, infiltration, volume reduction, and/or peak rate control, to promote groundwater

recharge, and to otherwise meet the purposes of this Ordinance. Stormwater BMPs are

commonly grouped into one (1) of two (2) broad categories or measures: “structural” or

“nonstructural.” In this Ordinance, nonstructural BMPs or measures refer to operational and/or

behavior-related practices that attempt to minimize the contact of pollutants with stormwater

runoff whereas structural BMPs or measures are those that consist of a physical device or

practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are

not limited to, a wide variety of practices and devices from large-scale retention ponds and

constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter

strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or

forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater

BMPs are permanent appurtenances to the Site.

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Disturbed Area – A land area where an Earth Disturbance Activity is occurring or has occurred.

Earth Disturbance (or Earth Disturbance Activity) – A construction or other human activity

which disturbs the surface of the land, including, but not limited to: clearing and grubbing;

grading; excavations; embankments; land development; agricultural plowing or tilling; operation

of animal heavy use areas; timber harvesting activities; road maintenance activities; oil and gas

activities; well drilling; mineral extraction; building construction; and the moving, depositing,

stockpiling, or storing of soil, rock, or earth materials.

Flow Path – The path that stormwater follows from the discharge point to the nearest property

line or channelized flow (i.e. stream, drainage ditch, etc.). The length of the path is measured

along the ground slope.

Impervious Surface (or Impervious Area) - Surfaces which prevent the infiltration of water

into the ground. All structures, buildings, parking areas, driveways, roads, streets, sidewalks,

decks, and any areas of concrete, asphalt, packed stone, and compacted soil shall be considered

impervious surface if they prevent infiltration.

Karst – A type of topography or landscape characterized by features including but not limited to

surface depressions, sinkholes, rock pinnacles/uneven bedrock surface, underground drainage,

and caves. Karst is formed on carbonate rocks, such as limestone or dolomite.

Small Project Site Plan – A site plan prepared and submitted for Regulated Activities which

meet the Small Project and Small Project Site Plan criteria. The plan depicts existing conditions

on the property, proposed impervious areas, and, if required, the location of proposed

Stormwater BMPs.

Regulated Activities – Activities, including Earth Disturbance Activities that involve the

alteration or development of land in a manner that may affect stormwater runoff. Regulated

activities shall include, but not be limited to:

Land Development subject to the requirements of the Municipality of Christiana

Subdivision and Land Development Ordinance;

Removal of ground cover, grading, filling or excavation;

Construction of new or additional impervious or semi-impervious surfaces

(driveways, parking lots, etc.), and associated improvements;

Construction of new buildings or additions to existing buildings;

Installation or alteration of stormwater management facilities and appurtenances

thereto;

Diversion or piping of any watercourse; and,

Any other regulated activities where the Municipality determines that said

activities may affect any existing watercourse’s stormwater management

facilities, or stormwater drainage patterns.

Runoff – Any part of precipitation that flows over the land surface.

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Small Project - Regulated activities that, measured on a cumulative basis from the date of

enactment of this Ordinance, create new impervious areas of more than 1,000 sq.ft. and less than

5,000 sq.ft. or involve Earth Disturbance Activity of an area less than 5,000 sq. ft. and do not

involve the alteration of stormwater facilities or watercourses.

IV. Determining What Type of Stormwater Management Submission is Needed:

The following chart provides a guide to determine what type of stormwater submission is

needed. Some projects will be eligible for an exemption from preparing a stormwater

management plan, but documentation of the project must still be filed with Christiana Borough.

Completion of the Christiana Borough Stormwater Management Worksheets will determine

what type of documentation is required for each project.

This manual is designed to assist those with Regulated Activities that qualify for the use

of a Small Project Site Plan. If a SWM Site Plan is required in accordance with the Municipality

of Christiana Stormwater Management Ordinance, please consult a qualified professional (ex.

Engineer, Surveyor).

*Note: Regulated Activities must meet BOTH Proposed New Impervious Area and Proposed Earth

Disturbance requirements to be eligible for an Exemption or a Small Project.

The Applicant should first review the planned project with Christiana Borough to confirm

the following:

That the proposed project is not otherwise exempt from the stormwater management

control and the engineered Stormwater Management Site Plan requirements of the

Municipality’s Stormwater Management Ordinance;

That the proposed project is eligible to follow the Small Project-Small Project Site

Plan requirements;

To determine which components of the proposed project must be included in the

calculation of “impervious surfaces (areas)”; and,

Whether any local conditions are known to the Municipality that would preclude the

use of any of the techniques included in the Simplified Approach for Small Projects.

Stormwater Management

Ordinance Status

Proposed New Impervious Area

Proposed Earth Disturbance Area

Next Steps

Eligible for

Exemption Less than 1,000 ft² Less than 5,000 ft²

File Stormwater

Management Worksheet

Small Project 1,000 ft² to ≤ 5,000 ft² Less than 5,000 ft² Prepare a Small Project

Site Plan

Non-Exempt Greater than 5,000 ft² Greater than 5,000 ft² Prepare a SWM Site

Plan per Article IV

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The following shall be submitted to Christiana Borough depending on the proposed

project:

Eligible for Exemption

o Stormwater Management Worksheet

Small Project

o Stormwater Management Worksheet

o Owner Acknowledgement (signed)

o Small Project Site Plan

o Signed and notarized Stormwater Best Management Practices Operation,

Maintenance and Inspection Plan and Agreement. Following approval and

signature by the Municipality, the Landowner must have the Agreement

recorded at the Lancaster County Office of the Recorder of Deeds, so that the

Agreement will be applicable to future landowners.

Non-Exempt

o SWM Site plan and associated calculations prepared by a Professional

Engineer, Landscape Architect or Surveyor in accordance with Articles III

and IV of this Stormwater Management Ordinance.

V. Using the Stormwater Management Worksheets:

Determining the new impervious area of a proposed project is the first step in using this

Manual. Completing the attached Christiana Borough Stormwater Management Worksheets will

assist the property owner, or applicant, and Christiana Borough in determining the impervious

area of a proposed project and providing guidance through ensuing steps.

Step 1: Step 1 of the Christiana Borough Stormwater Management Worksheet provides a table

and directions on how to calculate the new impervious area proposed to be created. If the total

new impervious area is less than 1,000 square feet, the project may be exempt from the volume,

rate, and SWM Site Plan requirements of the Municipality of Christiana Stormwater

Management Ordinance. After completing Step 1 of the worksheet, the applicant will sign the

Acknowledgement statement on the worksheet and file it with Christiana Borough.

Christiana Borough will use this as a record of exempt projects and keep a running total of

proposed impervious area since the adoption of the Municipality of Christiana Stormwater

Management Ordinance. After exceeding 1,000 square feet of impervious area since the

adoption of the Municipality of Christiana Stormwater Management Ordinance, a property

owner will need to prepare a Small Project Site Plan or a Stormwater Management Site Plan in

accordance with Article IV.

However, applicants shall note that Regulated Activities that meet the exemption criteria may be

required to manage stormwater runoff and provide plans and/or calculations as required in this

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ordinance should Christiana Borough determine that there is a potential for stormwater runoff

associated with the proposed Regulated Activity to adversely affect adjacent or downstream

public or private properties.

If the total new impervious area is 1,000 square feet or greater and less than 5,000 square feet,

the applicant will go on to Step 2. If the Regulated Activity involves only Earth Disturbance less

than 5,000 square feet, the applicant shall contact Christiana Borough for additional guidance.

Step 2: Step 2 of the Christiana Borough Stormwater Management Worksheet provides

guidance to calculate the total volume of stormwater runoff from new impervious surfaces that

must be controlled using stormwater BMPs. Upon completion of these calculations, continue to

Step 3.

Step 3: Step 3 of the Christiana Borough Stormwater Management Worksheet provides

guidance regarding the preparation of a Small Project Site Plan, as outlined in this design

manual, for approval by Christiana Borough. This includes determining the types, sizes, and

location of proposed Stormwater BMPs to be employed for a given project. The worksheets,

Small Project Site Plan, and Owner Acknowledgement will be submitted to Christiana Borough

for approval. Christiana Borough will use this submission as a record to keep a running total of

proposed impervious area since the adoption of the Municipality of Christiana Stormwater

Management Ordinance, and to monitor the installation of the required Stormwater BMPs

necessary to support the project.

VI. Small Project Site Plan Requirements

A Small Project Site Plan depicts the existing conditions of a property and the location of

proposed impervious surfaces. Depicting the relationship between the Regulated Activities and

distances to things like property lines, streams, and vegetated areas will help determine if the

stormwater runoff created by the proposed project can be managed naturally within the property

or if additional Stormwater BMPs are needed to accommodate the stormwater runoff.

If a project requires the submission of a Small Project Site Plan or a plan in support of an

Exemption, the applicant shall prepare and submit to Christiana Borough a Small Project Site

Plan and the Christiana Borough Stormwater Management Worksheet. Applicants may be able

to obtain assistance from the Lancaster County GIS Office to develop property maps depicting

existing features on their site. A Small Project Site Plan depicting the key features of the site

must be drawn to scale and show the following:

Property owner name, address, email and phone number

Property address (if different from owner address)

Tax Parcel ID number

Name, address, phone number & email address of plan preparer

Property boundary.

Site conditions (grassed areas, agricultural fields, direction of slope and stormwater

flow on the property).

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Location of all existing and proposed structures (house, driveway shed, addition, etc.)

and any existing and proposed downspouts. Include the dimensions of proposed

structures.

Distance from proposed downspouts to property line.

All existing and proposed driveways and other impervious areas (stone and gravel

driveways are considered impervious).

Natural features such as streams, wetlands, floodplains, tree lines and other vegetation

on the property and within 50 feet of the property line.

Distance from proposed structures or downspouts along the stormwater flow path to

any stream or wooded area.

Any other pertinent information that may be significant to the project site (existing

drainage ways, steep slopes, exposed bedrock, upslope drainage areas, etc.).

Wells and on-site sanitary sewer systems (septic tank, drainfield, etc.).

Surface and subsurface utilities.

Existing and proposed easements (gas, electric, stormwater, water, sewer, etc.).

If Stormwater BMPs are required, the following information must also be shown on the

plan:

Location and size of proposed Stormwater BMPs.

Details of BMPs as necessary for construction.

Other Considerations for Small Project Site Plans:

For Small Project Site Plans, soil testing is highly recommended to select and apply

the appropriate Stormwater BMPs. The use of soil maps, infiltration tests, and/ or

perc tests may provide the applicant basic information about soil characteristics.

Proposed stormwater management facilities must be designed to handle flows from

the contributing area.

The site shall not have any pre-existing stormwater drainage-related problems (as

verified by Christiana Borough), at the discretion of Christiana Borough.

Water quality shall be protected per Chapter 93 of PA Code.

Christiana Borough may inspect all Stormwater BMPs during and after construction /

installation.

Infiltration BMPs should not be constructed nor receive runoff until the entire

contributory drainage area has achieved final stabilization.

Ensure that infiltration in geologically susceptible areas such as, but not limited to,

carbonate geology / karst topography do not cause adverse effects. The Small Project

Site Plan should incorporate steps to ensure that salt or chloride will not contaminate

the groundwater.

Selected Stormwater BMPs shall be designed, constructed, and maintained in

accordance with the manufacturer’s recommendation, the PA Stormwater

Management BMP Manual, or other written guidance acceptable to Christiana

Borough.

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Proposed sump pumps shall discharge to infiltration or vegetative Stormwater BMPs

to the maximum extent practicable and not adversely impact adjacent and

downstream properties.

VII. Selecting Stormwater BMPs

If the submission of a Small Project Site Plan including the use of Stormwater BMPs is

required, the applicant should review the compiled information in the PA Stormwater

Management BMP Manual. This document identifies Stormwater BMPs that have been deemed

to be of a nature and cost that will accomplish the goals of the Lancaster County Stormwater

Management Plan, while not unduly burdening the residents. It will then be the Owner’s

responsibility to select a facility, determine the appropriate size and agree to construct and

maintain that facility or facilities. The property owner is encouraged to utilize both multiple and

hybrid versions of the facilities, as outlined in the documents mentioned above.

The applicant may choose to install a Stormwater BMP facility as shown in the

Stormwater Management Worksheets. The Stormwater BMP facility shall be constructed in

accordance with the associated construction details, requirements and notes.

VIII. Stormwater Management Worksheets

Stormwater Management Worksheets can be obtained from the Christiana Borough Municipal

Office.

IX. Stormwater Management / BMP Facilities and Maintenance Agreement

It is the Landowner’s responsibility to properly maintain BMPs. It is also the

Landowner’s responsibility to inform any future buyers of the function, operation, and

maintenance needed for any BMPs on the property prior to the purchase of the property. The

following maintenance agreement outlines the inspection and maintenance required for each type

of BMP, the responsibilities of the Landowner, and the rights of the Municipality in regards to

inspection and enforcement of the maintenance requirements.

The Operation, Maintenance and Inspection Plan and Agreement must be signed,

notarized and submitted to the Municipality. Following approval and signature by the

Municipality, the Landowner must have the Agreement recorded at the Lancaster County Office

of the Recorder of Deeds, so that the Agreement will be applicable to future landowners.

An Operation, Maintenance and Inspection Plan and Agreement template can be obtained

from the Christiana Borough Municipal Office. A sample agreement is shown on the following

pages

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SAMPLE STORMWATER BEST MANAGEMENT PRACTICES

OPERATION, MAINTENANCE, AND INSPECTION PLAN AND

AGREEMENT

THIS AGREEMENT, made and entered into this ____________ day of _________, 20__, by and between

____________________________________, (hereinafter the “Landowner”), and

________________________________ Christiana Borough, Lancaster County, Pennsylvania, (hereinafter

“Municipality”).

WITNESSETH

WHEREAS, the Landowner is the owner of certain real property by virtue of a deed of conveyance

recorded in the land records of Lancaster County, Pennsylvania, at Deed Book ___________ and Page ______,

(hereinafter “Property”); and

WHEREAS, the Landowner recognizes that the stormwater management best management practices

or BMPs (hereinafter referred to as “BMP” or “BMP(s)”) located on the Property at

_________________________________________________________________________________________

__________________________________ (address of Property where BMP is located) must be inspected and

maintained; and

WHEREAS, the Municipality and the Landowner, for itself and for its administrators, executors,

successors, heirs, and assigns, agree that the health, safety, and welfare of the residents of the Municipality and

the protection and maintenance of water quality require that on-site BMP(s) be constructed and maintained on

the Property; and

WHEREAS, for the purposes of this Agreement, the following definitions shall apply:

BMP – “Best Management Practice;” activities, facilities, designs, measures or procedures used to

manage stormwater impacts from land development, to protect and maintain water quality and ground water

recharge and to otherwise meet the purposes of the Municipality’s Stormwater Management Ordinance,

including, but not limited to infiltration trenches, dry wells, bioretention, rain gardens, permeable paving, rain

barrels and cisterns, etc. The BMP(s) are permanent appurtenances to the Property; and

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Conveyance – As specifically identified in the Simplified Stormwater Management Site Plan (herein

after “Plan”), a man-made, existing or proposed facility, structure or channel used for the transportation or

transmission of stormwater from one place to another, including pipes, drainage ditches, channels and swales

(vegetated and other), gutters, and like facilities or features. The conveyances identified in the Plan are

permanent appurtenances to the Property; and

WHEREAS, the Municipality requires that the BMP(s) and conveyances as shown on Plan and in

accordance with the sizing calculations found on the Simplified Method Worksheet (herein after

“Worksheet”) be constructed by the Landowner; the BMP(s) shall further be maintained by the Landowner, its

administrators, executors, successors, heirs, and assigns in accordance with the associated operation and

maintenance requirements included herein. The Plan and Worksheet are attached hereto and incorporated

herein together as Exhibit “A” hereto; and

WHEREAS, the Municipality requires that stormwater management BMP(s) be constructed and

adequately inspected, operated and maintained by the Landowner, its administrators, executors, successors,

heirs, and assigns, in accordance with the following maintenance requirements:

NOTE TO EDITOR:

Retain the type of BMP(s) from the following list that applies to this Property and delete any of

the following BMP(s) listed below that do not apply. You may also add a BMP not listed and

provide its maintenance requirement, if needed.

1. Infiltration Trenches

a. At least twice a year and after significant rainfall events the Landowner is to inspect the infiltration

trench and remove any accumulated debris, sediment and invasive vegetation.

b. Vegetation along the surface of an infiltration trench is to be maintained in good condition, and any

bare spots are to be revegetated as soon as possible.

c. Vehicles are not to be parked or driven on an infiltration trench, and care is to be taken to avoid

excessive compaction by mowers.

d. Any debris, such as leaves blocking flow from reaching an infiltration trench, is to be routinely

removed.

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2. Bioretention/Rain Garden

a. Any debris, such as leaves blocking flow from reaching a bioretention/rain garden, is to be

routinely removed.

b. Pruning and weeding are required as needed including removal of invasive species, especially

while vegetation is being established for a bioretention/rain garden.

c. Mulch cover is to be maintained in a bioretention/rain garden, re-spread and replaced as needed

to prevent erosion, reduce weed growth and assist with plant survival, without restricting the

infiltration of stormwater.

d. At least twice a year the Landowner is to inspect the bioretention/rain garden for sediment

buildup, ground cover and vegetative conditions and make any repairs as needed.

e. Watering is required as needed, including during periods of extended dry weather and drought.

f. Trees and shrubs in a bioretention/rain garden are to be inspected at least twice per year by the

Landowner to evaluate their health. If they are in poor health they are to be replaced.

3. Dry Wells

a. Dry wells are to be inspected by the landowner at least four (4) times a year and after significant

rainfalls, and debris, trash, sediment, and any other waste material need to be removed and

disposed of at suitable disposal or recycling sites and in compliance with local, state, and federal

waste regulations.

b. For dry wells, gutters are to be regularly cleaned out and ensure that proper connections are

maintained to facilitate the effectiveness of the dry well.

c. The filter screen for downspouts or roof gutters which intercepts roof runoff and conveys it to the

dry well must be cleaned and replaced as necessary.

d. Dry wells that are damaged are to be fixed or replaced within two (2) weeks of being damaged.

e. If an intermediate sump box exists in conjunction with a dry well, it must be cleaned out at least

once per year.

4. Rain Barrels and Cisterns

a. Rain Barrels and Cisterns are to be cleared of debris routinely at least every three (3) months and

after significant storms to allow stormwater from gutters to enter them.

b. Gutters that directly convey rain water to dry wells, rain barrels, and cisterns are to be routinely

cleared of trash and debris at least every three (3) months and after significant rainfall events.

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c. Rain Barrels and cisterns should be routinely emptied to allow for storage of additional rain

water.

d. Overflow outlets from rain barrels and cisterns must be kept free and clear of debris.

e. Rain Barrels and cisterns that are damaged are to be fixed or replaced within two (2) weeks of

being damaged.

NOW, THEREFORE, in consideration of the foregoing promises, the mutual covenants contained

herein, and the following terms and conditions, the parties hereto, intending to be legally bound hereby, agree

as follows:

1. The foregoing recitals to this Agreement are incorporated as terms of this Agreement and obligations of

the Landowner as if fully set forth in the body of this Agreement.

2. The Landowner shall construct the BMP(s) in accordance with the specifications identified in the Plan

and Worksheet.

3. The Landowner shall inspect, operate and maintain the BMP(s) as shown on the Plan in good working

order acceptable to the Municipality and in accordance with the specific inspection and maintenance

requirements outlined in this Agreement.

4. The Landowner hereby grants permission to the Municipality, its authorized agents and employees, to

enter upon the Property from the public right-of-way or roadway, at reasonable times and upon presentation of

proper identification, to inspect the BMP(s) whenever it deems necessary for compliance with this Agreement

and the Municipality’s Stormwater Ordinance. Whenever possible, the Municipality shall notify the Landowner

prior to entering the Property.

5. The Landowner acknowledges that, per the Municipality’s Stormwater Ordinance, it is unlawful,

without written approval of the Municipality, to:

a. Modify, remove, fill, landscape, alter or impair the effectiveness of any BMP or conveyance that is

constructed as part of the Plan;

b. Place any structure, fill, landscaping, additional vegetation, yard waste, brush cuttings, or other waste

or debris into a BMP or conveyance that would limit or alter the functioning of the BMP or

conveyance;

c. Allow the BMP or conveyance to exist in a condition which does not conform to the Plan or this

Agreement; and

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d. Dispose of, discharge, place or otherwise allow pollutants including, but not limited to, deicers, pool

additives, household chemicals and automotive fluids to directly or indirectly enter any BMP or

conveyance.

6. In the event the Landowner fails to operate and maintain the BMP(s) as shown on the Plan in good

working order acceptable to the Municipality the Landowner shall be in violation of this Agreement and the

Landowner agrees that the Municipality or its representatives may, in addition to and not in derogation or

diminution of any remedies available to it under the Stormwater Ordinance or other statutes, codes, rules or

regulations, or this Agreement, enter upon the Property and take whatever action is deemed necessary to

maintain said BMP(s). It is expressly understood and agreed that the Municipality is under no obligation to

maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such

obligation on the Municipality.

7. In the event the Municipality, pursuant to this Agreement, performs work of any nature, or expends any

funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner

shall reimburse the Municipality for all expenses (direct and indirect) incurred within 30 days of delivery of an

invoice from the Municipality. Failure of the Landowner to make prompt payment to the Municipality may

result in enforcement proceedings, which may include the filing of a lien against the Property, which filing is

expressly authorized by the Landowner.

8. The intent and purpose of this Agreement is to ensure the proper maintenance of the onsite BMP(s) by

the Landowner; provided, however, that this Agreement shall not be deemed to create or effect any additional

liability of any party for damage alleged to result from or be caused by stormwater runoff.

9. The Landowner, its executors, administrators, assigns, heirs, and other successors in interests, hereby

release and shall release the Municipality, its employees, agents and designated representatives from all

damages, accidents, casualties, occurrences or claims which might arise or be asserted against the Municipality

and/or its said employees, agents or representatives, arising out of the construction, presence, existence, or

maintenance of the BMP(s) either by the Landowner or Municipality. In the event that a claim is asserted or

threatened against the Municipality, its employees, agents or designated representatives, the Municipality shall

notify the Landowner and the Landowner shall defend, at his own expense, any claim, suit, action or

proceeding, or threatened claim, suit, action or proceeding against the Municipality or, at the request of the

Municipality, pay the cost, including attorneys’ fees, of defense of the same undertaken on behalf of the

Municipality. If any judgment or claims against the Municipality, its employees, agents or designated

representatives shall be allowed, the Landowner shall pay all damages, judgments or claims and any costs and

expenses incurred by the Municipality, including attorney’s fees, regarding said damages, judgment or claims.

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10. The Municipality may enforce this Agreement in accordance with its Stormwater Ordinance, at law or

in equity, against the Landowner for breach of this Agreement. Remedies may include fines, penalties,

damages or such equitable relief as the parties may agree upon or as may be determined by a Court of

competent jurisdiction. Recovery by the Municipality shall include its reasonable attorney’s fees and costs

incurred in seeking relief under this Agreement.

11. Failure or delay in enforcing any provision of this Agreement shall not constitute a waiver by the

Municipality of its rights of enforcement hereunder.

12. The Landowner shall inform future buyers of the Property about the function of, operation, inspection

and maintenance requirements of the BMP(s) prior to the purchase of the Property by said future buyer, and

upon purchase of the Property the future buyer assumes all responsibilities as Landowner and must comply with

all components of this Agreement.

13. This Agreement shall inure to the benefit of and be binding upon, the Municipality and the Landowner,

as well as their heirs, administrators, executors, assigns and successors in interest.

This Agreement shall be recorded at the Office of the Recorder of Deeds of the County of Lancaster,

Pennsylvania, and shall constitute a covenant running with the Property and/or equitable servitude, in

perpetuity.

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ATTEST:

WITNESS the following signatures and seals:

(SEAL) For the Municipality:

(SEAL) For the Landowner:

ATTEST:

_____________________________ Christiana Borough, County of Lancaster, Pennsylvania

I, _______________________________________, a Notary Public in and for the County and State aforesaid,

whose commission expires on the __________ day of __________________, 20__, do hereby certify that

________________________________________ whose name(s) is/are signed to the foregoing Agreement

bearing date of the ___________ day of ___________________, 20__, has acknowledged the same before me

in my said County and State.

GIVEN UNDER MY HAND THIS _____________ day of ___________, 20__.

________________________________ ____________________________________

NOTARY PUBLIC (SEAL)

APPENDIX NO. B-1

RUNOFF COEFFICIENTS “C” FOR

RATIONAL FORMULA

* Table taken from Conestoga River Watershed Act 167 Plan, Lancaster County, PA, dated 2005

APPENDIX NO. B-2

RUNOFF CURVE NUMBERS “CN” FOR SCS METHOD*

Note to Municipalities: The ordinance should include a table with Runoff Curve Numbers “CN” from U. S. Department of Agriculture, Natural Resources Conservation Service, June 1986, Urban Hydrology for Small Watersheds, Technical Release No. 55 (TR-55), Second Edition (or a more current version if applicable) or other source as recommended by the municipality’s engineer.

APPENDIX NO. B-3

APPENDIX NO. B-4

Appendix C

Prepared By: ________________________________________

________________________________________ ________________________________________ ________________________________________

Return To: Same Parcel ID # ___________________________________

SAMPLE STORM WATER MANAGEMENT AGREEMENT AND DECLARATION OF EASEMENT

THIS AGREEMENT AND DECLARATION OF EASEMENT made this _______ day of

, 20__ , by and between , a _____________________

with a mailing address at

_ (hereinafter whether singular or plural referred to as the “Grantor”), and

Christiana Borough, Lancaster County, Pennsylvania, a municipal corporation duly organized

under the laws of the Commonwealth of Pennsylvania, with its municipal office located at 10 E.

Slokom Avenue, Christiana, Pennsylvania (hereinafter referred to as the “Borough”).

BACKGROUND

Grantor is the owner of premises located , in Christiana Borough,

Lancaster County, Pennsylvania, as more specifically described in a deed recorded in Deed or

Record Book , Volume , Page , or at Document No. in the Office of

the Recorder of Deeds in and for Lancaster County, Pennsylvania, and as shown on the

NAME OF PLAN ____________________, prepared by ___ _ , Drawing No. ,

dated , last revised (hereinafter referred to as the “Premises”).

Prior to beginning construction on any subdivision or land development or regulated

activity as defined in the Christiana Borough Storm Water Management Ordinance, Grantor is

required, under the Christiana Borough Subdivision and Land Development Ordinance and the

Christiana Borough Storm Water Management Ordinance (collectively referred to as the “Ordi-

nance”), to file a plan with the Christiana Borough Council. Pursuant to the Ordinance, Grantor

must include storm water management data in its subdivision and/or land development

application. The Ordinance requires that Grantor’s plan reflect and/or be accompanied with

supporting documentation which identifies the ownership of, and the method of administering

and maintaining, all permanent storm water management facilities. Drainage courses, swales,

grassed waterways, storm water inlets, pipes, conduits, detention basins, retention basins,

infiltration structures, and other storm water management facilities, including Best

Management Practices facilities (“BMPs”), shall be included under the term “storm water

management facilities” in this Agreement and Declaration of Easement.

The purpose of this Agreement and Declaration of Easement is to describe the

ownership and maintenance responsibilities for the storm water facilities which will be installed

on the Premises and to impose the ownership and maintenance responsibilities upon Grantor,

his heirs, personal representatives and assigns and upon successor owners of the Premises, and

set forth the rights of the Borough.

NOW, THEREFORE, intending to be legally bound hereby and in consideration of

receiving approval of its Subdivision and/or Land Development Plan or its Storm Water

Management Plan (hereinafter referred to as the “Plan”) from the Board of Supervisors, and in

consideration of receiving permits from the Borough to develop the Premises, Grantor, for

Grantor and the heirs, personal representatives and assigns of Grantor, covenant and declare as

follows:

1. The storm water facilities will be owned by Grantor, his heirs, personal

representatives, successors and assigns.

2. All drainage courses, swales, storm water inlets, pipes, conduits, detention basins

BMPs, and other storm water facilities shall be installed, constructed and maintained by

Grantor, his heirs, personal representatives, successors and assigns, in a first-class condition in

conformance with the approved Plan, including any accompanying storm water management

plans and information, and as recorded in the Office of the Recorder of Deeds in and for

Lancaster County, and in a manner sufficient to meet or exceed the performance standards and

specifications set forth on the approved Plan, including any accompanying storm water

management plans and information, and as recorded in the Office of the Recorder of Deeds in

and for Lancaster County. These responsibilities shall include, but not be limited to, the

following:

(a) Liming, fertilizing, seeding and mulching of vegetated channels and all other

unstablized soils or areas according to the specifications in the “Erosion and Sediment

Pollution Control Manual” published by the Pennsylvania Department of Environmental

Protection, the Penn State Agronomy Guide, or such similar accepted standard.

(b) Reestablishment of vegetation by seeding and mulching or sodding of

scoured areas or areas where vegetation has not been successfully established.

(c) Mowing as necessary to maintain adequate stands of grass and to control

weeds. Chemical weed control may be used if federal, state and local laws and

regulations are met. Selection of seed mixtures shall be subject to approval by the

Borough.

(d) Removal of silt from all permanent structures which trap silt or sediment in

order to keep the material from building up in grass waterways, pipes, detention or

retention basins, infiltration structures, BMPs, and/or other facilities and thus reducing

their capacity.

(e) Removal of silt from all permanent drainage structures, in particular BMPs, in

order to maintain the design storage volumes. Regular programs shall be established

and maintained.

(f) Regular inspection of the areas in question to assure proper maintenance and

care, including but not limited to proper implementation of BMPs. ADD ANY SPECIFIC

INSPECTION REQUIREMENTS IN THE PCSM PLAN.

(g) Regular maintenance to insure that all pipes, swales and detention facilities

shall be kept free of any debris or other obstruction. ADD ANY SPECIFIC MAINTENANCE

REQUIREMENTS IN THE PCSM PLAN.

(h) Regular maintenance of all facilities designed to improve water quality to

insure that such facility function in accordance with their design. ADD ANY SPECIFIC

MAINTENANCE REQUIREMENTS IN THE PCSM PLAN SUCH AS IF APPLICABLE:

Maintenance of the infiltration bed and infiltration system by mowing grass regularly

over the infiltration bed; keeping the yard drains and roof drains free of debris in good

repair at all times; keeping the sumps in the yard inlets and downspout sumps free of

debris; and inspecting the infiltration bed four times per year or after each rain event

exceeding one inch.

(i) Repair of any subsidence, including subsidence caused by sinkholes.

(j) IF APPLICABLE: Replacement of displaced riprap within the outlet energy

dissipater immediately after it is displaced, particularly after major storm discharge

events.

(k) IF APPLICABLE: Vacuum sweeping of areas of porous paving to keep surface

free of sediment as needed, typically three to four times per year and maintaining all

areas of porous paving free from sealing, surfacing or re-paving with non-porous

materials.

(l) IF APPLICABLE: Aerate areas of amended soils annually. No impervious

surfaces may be places or installed on any area of amended soils.

(m) Removal of trash and debris on a regular basis.

Include a statement that the approved Operations and Maintenance (O&M) Plan is attached

as an exhibit if there are any requirements in addition to those in Paragraph 2. Paragraph 2

may be revised to simply incorporate an exhibit if all post construction inspection, operations,

and maintenance requirements are included on the exhibit.

Grantor, his heirs, personal representatives, successors and assigns, shall be responsible for

performing the foregoing maintenance.

3. Grantor, his personal representatives, heirs, successors and assigns, shall be

responsible for maintaining records of all inspections of and maintenance to BMPs and other

storm water management facilities. Grantor, his personal representatives, heirs, successors

and assigns, shall be responsible to prepare all annual BMP and post construction storm

water management facility reports detailing the actual inspection and maintenance activities

which are required by the terms of any NPDES permit or other state or federal regulation or

requirement performed in the prior calendar year and submit such reports to the Borough on

or before March 31 of each calendar year, together with any fee which the Borough may

impose for the review and processing of such report. It is the responsibility of Grantor to

inform successors owners of the Premises or any lot created from the Premises of this

reporting requirement. The failure to submit an annual report is a violation of this

Agreement. The Borough may prepare any required report and recover all costs required to

prepare such report from the then-owner of the Premises or any lot created from the

Premises, plus a penalty of ten (10%) percent of such costs and may file a municipal claim to

secure payment of such costs.

4. Grantor, for himself, his heirs, personal representatives, successors and assigns,

agrees that the failure to maintain all drainage courses, swales, storm water inlets, pipes,

conduits, detention basins, BMPs, and other storm water management facilities in a first-class

condition in conformance with this Agreement and approved Plan, including any accompanying

storm water management plans and information, and as recorded in the Office of the Recorder

of Deeds in and for Lancaster County, shall constitute a nuisance and shall be abatable by the

Borough as such.

5. Grantor, for himself, his heirs, personal representatives, successors and assigns,

authorizes the Borough, at any time and from time to time, by its authorized representatives, to

enter upon the Premises to inspect the storm water facilities.

6. The Borough may require that Grantor, and assigns or any future owner or occupier

of the Premises or any part thereof, take such corrective measures as the Borough may deem

reasonably necessary to bring the Premises into compliance with this Agreement and with the

approved Plan, including any accompanying storm water management plans and information,

and as recorded in the Office of the Recorder of Deeds in and for Lancaster County.

7. Upon the failure of the owner or occupier of the Premises or any part thereof to

comply with the terms of this Storm Water Management Agreement or to take corrective

measures following reasonable notice from the Borough, the Borough, through its authorized

representatives, may take such corrective measures as it deems reasonably necessary to bring

the Premises into compliance with this Agreement and with the approved Plan, including any

accompanying storm water management plans and information, and as recorded in the Office

of the Recorder of Deeds in and for Lancaster County, including, but not limited to, the removal

of any blockage or obstruction from drainage pipes, swales, detention basins, and BMPs, and

may charge the cost thereof to Grantor, his heirs, personal representatives, successors and

assigns, or any owner of the Premises or any part thereof and, in default of such payment, may

cause a municipal lien to be imposed upon the Premises or any part thereof. Any municipal lien

filed pursuant to this Agreement shall be in the amount of all costs incurred by the Borough,

plus a penalty of ten (10%) of such costs, plus the Borough’s reasonable attorneys’ fees.

8. The storm water management facilities have been designed to allow a maximum

impervious surface coverage

- [if a single lot] of _____ square feet. Any proposal to add additional impervious

surface coverage to the Premises will require the submission of a storm water

management plan meeting all requirements of applicable regulations in effect at the

time such application is filed.

- [if multiple lots with the same coverage] of ____ square feet for each lot to be

created from the Premises. If the owner of any lot to be created from the Premises

desires to install additional impervious surface coverage, such lot owner must submit

an application under the Storm Water Management Ordinance in effect at such time

as the application is filed and meet all applicable storm water management

regulations.

- [if multiple lots with different coverage limits] as set forth in Exhibit A attached

hereto and incorporated herein. If the owner of any lot to be created from the

Premises desires to install additional impervious surface coverage beyond that

allocated to such lot in Exhibit A, such lot owner must submit an application under the

Storm Water Management Ordinance in effect at such time as the application is filed

and meet all applicable storm water management regulations.

9. If ownership or maintenance responsibility of the storm water management facilities

is assigned to a home owners’ association, condominium unit owners’ association, or similar

entity, the Borough shall be notified. If such association fails to properly maintain the storm

water management facilities, the Borough shall have the same rights granted to municipalities

under Section 705 of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L.

805, No. 247, with reference to maintenance of common open space, to maintain the storm

water management facilities. Any association so formed shall enter into an agreement with the

Borough recognizing its duties and the Borough’s rights under this Agreement.

10. Grantor hereby imposes upon the Premises for the benefit of all present and future

owners of the Premises or part of the Premises, the Borough, and all other property owners

affected by the storm water facilities, the perpetual right, privilege and easement for the

draining of storm water in and through the drainage courses, swales, storm water inlets, pipes,

conduits, detention basins, BMPs, and other storm water facilities depicted on the plan or plans

submitted to the Borough or hereafter made of record and now or hereafter installed on or

constructed upon the Premises and, in addition, easements of access to the storm water

facilities.

11. Grantor agrees to indemnify the Borough and all of its elected and appointed

officials, agents and employees (hereafter collectively referred to as the “Indemnitees”) against

and hold Indemnitees harmless from any and all liability, loss or damage, including attorneys’

fees and costs of investigation and defense, as a result of claims, demands, costs or judgments

against Indemnitees which arise as a result of the design, installation, construction or

maintenance of the storm water facilities.

12. Grantor’s personal liability under this Agreement shall cease at such time as (a) all

storm water management facilities have been constructed in accordance with the specifications

of the Borough Subdivision and Land Development Ordinance, the Borough Storm Water

Management Ordinance and the approved plans; (b) the storm water management facilities

have been inspected and approved by the Borough Engineer; (c) all financial security, including

any maintenance security, posted by Grantor has been released by the Borough; and (d)

Grantor has transferred all lots to be created from the Premises to third parties.

Notwithstanding the foregoing, Grantor’s personal liability shall continue for any violations of

this Agreement and Declaration of Easement which occurred during the time that Grantor

owned the Premises or any lot created from the Premises or in the event the storm water

management facilities were not completed, inspected or approved as set forth in (a) through (c)

herein.

13. It is the intent of the parties to this Agreement that personal liability and

maintenance obligations shall pass to subsequent title owners upon change in ownership of the

Premises or any lot created from the Premises, and such subsequent owners shall assume all

personal liability and maintenance obligations for the time period during which they hold title.

Personal liability shall remain for any violations of this Agreement and Declaration of Easement

which occurred during the period in which an owner held title.

14. The Borough may, in addition to the remedies prescribed herein, proceed with any

action at law or in equity to bring about compliance with the Borough Storm Water

Management Ordinance, the Borough Subdivision and Land Development Ordinance and this

Agreement.

15. This Agreement and Declaration of Easement shall be binding upon the Grantor, the

successors and assigns of Grantor, and all present and future owners of the Premises or any

part thereof and is intended to be recorded in order to give notice to future owners of the

Premises of their duties and responsibilities with respect to the storm water facilities. Grantor

shall include a specific reference to this Agreement in any deed of conveyance for the Premises

or any part thereof.

16. This Agreement and Declaration of Easement may be amended only by written

instrument signed on behalf of all owners of the Premises and the Borough.

17. When the sense so requires, words of any gender used in this Agreement and

Declaration of Easement shall be held to include any other gender, and the words in the

singular number shall be held to include the plural, and vice versa.

IN WITNESS WHEREOF, the undersigned have caused this Agreement and Declaration to

be executed on the day and year first above written.

CHRISTIANA BOROUGH Lancaster County, Pennsylvania

Attest:____________________________ By:_____________________________________

(Assistant) Secretary (Vice) Chairman Christiana Borough Council

[BOROUGH SEAL]

(Individual or Husband and Wife Developer) Witness: _________________________________ _________________________________(SEAL)

(Signature of Individual) _________________________________ _________________________________(SEAL)

(Signature of Spouse if Husband and Wife are Co-Developers)

IF APPLICABLE Trading and doing business as:

_______________________________________

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(Partnership Developer*)

_______________________________________ (Name of Partnership)

Witness: _________________________________ By:______________________________(SEAL)

Partner _________________________________ By:______________________________(SEAL)

Partner _________________________________ By:______________________________(SEAL)

Partner *All Partners must execute this Agreement ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (Corporation Developer)

_______________________________________ (Name of Corporation)

ATTEST: By:______________________________ By:_____________________________________

(Assistant) Secretary (Vice) President [CORPORATE SEAL]

(Limited Liability Company Landowner***)

(Name of Limited Liability Company)

Witnesses: By:

Member By:

Member By:

Member ***All members must sign.

(MUNICIPALITY ACKNOWLEDGMENT) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this _____ day of _______________, 20__, before me, the undersigned officer, a

notary public in and for the aforesaid Commonwealth and County, personally appeared

who acknowledged _____self to be (Vice) Chairman of the Council of Christiana Borough,

Lancaster County, Pennsylvania, and that he/she, as such officer, being authorized to do so,

executed the foregoing Storm Water Management Agreement and Declaration of Easement,

for the purposes therein contained, by signing the name of such Borough by ___self as such

officer.

IN WITNESS WHEREOF, I set my hand and official seal.

_______________________________________ Notary Public

My commission expires:

(INDIVIDUAL OR HUSBAND AND WIFE DEVELOPER ACKNOWLEDGMENT) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this the ____ day of ____________________, 20____, before me, the subscriber, a

notary public in and for the aforesaid Commonwealth and County, came the above-named

, known to me, (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed

on the within instrument and acknowledged the foregoing Storm Water Management

Agreement and Declaration of Easement to be act and deed and desired the same to be

recorded as such.

Witness my hand and notarial seal.

_______________________________________ Notary Public

My commission expires:

(PARTNERSHIP DEVELOPER ACKNOWLEDGMENT) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this ______ day of ________________________, 20____, before me, a notary public,

the undersigned officer, personally appeared

, who acknowledged themselves to be all of the partners of

, a partnership, and that they, as such partners, being authorized to do so,

executed the foregoing instrument for the purposes therein contained by signing the name of

the partnership by themselves as such partners.

IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.

_______________________________________ Notary Public

My commission expires:

(CORPORATE DEVELOPER ACKNOWLEDGMENT) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this _______ day of ________________________, 20____, before me, a notary

public, the undersigned officer, personally appeared ,

who acknowledged self to be the of

, a corporation, and that as such officer being authorized to do so, acknowledged the foregoing

instrument for the purpose therein contained, by signing the name of the corporation by

_____self as .

IN WITNESS WHEREOF, I set my hand and official seal.

_______________________________________

Notary Public

My commission expires:

[LIMITED LIABILITY COMPANY LANDOWNER ACKNOWLEDGMENT] COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this day of , 20____, before me, the undersigned

officer, personally appeared

, who acknowledged themselves to be all of the members of

, a limited liability company, and that they as such members, being

authorized to do so, executed the foregoing instrument for the purposes therein contained by

signing the name of said limited liability company by themselves as such members.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My Commission Expires:

JOINDER BY MORTGAGEE

(“Mortgagee”), as holder of a certain mortgage

on the premises of [NAME OF GRANTOR] within Christiana Borough, Lancaster County,

Pennsylvania, described in the Deed recorded in/at in the Office of the

Recorder of Deeds in and for Lancaster County, Pennsylvania, which mortgage, in the amount

of $ , dated , and recorded at in the

Recorder of Deeds Office in and for Lancaster County, Pennsylvania, as well as any other

mortgages which Mortgagee may now or hereafter hold on the Premises (all such mortgages

hereinafter collectively referred to as the “Mortgages”), joins in, consents to, and expressly

approves the grant of easements and other rights and privileges described in the attached

Storm Water Management Agreement and Declaration of Easement (the “Agreement”).

The Mortgagee, for itself, its successors and assigns (which shall include any assignee of

the Mortgages and any purchaser of the Premises at a sale in foreclosure of the Mortgages or

otherwise), hereby covenants and agrees that the rights and privileges herein granted with

respect to the Premises shall not be terminated or disturbed by reason of any foreclosure or

other action which may be instituted by the Mortgagee, its successors and assigns, as a result of

any default under the Mortgages or the debt instruments that such Mortgages secure.

Mortgagee by consenting to the Agreement shall not by virtue of its interest as Mortgagee be

deemed to have undertaken any of the obligations of the Grantor under the Agreement,

including but not limited to construction, maintenance, inspection or indemnification.

IN WITNESS WHEREOF, Mortgagee hereby joins in the execution of the Agreement as of

this _____ day of __________________________, 20___.

____________________________________

(Name of Mortgagee)

ATTEST: _________________________ By:_____________________________________

[SEAL]

(MORTGAGEE ACKNOWLEDGMENT)

COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this, the _____ day of ____________________, 20___, before me, a notary public,

the undersigned officer, personally appeared ______________________________, who

acknowledged ____self to be the __________________________ of

, a corporation, and that as such officer being authorized to do so, acknowledged the foregoing

instrument for the purpose therein contained by signing the name of the Bank by self as

.

IN WITNESS WHEREOF, I set my hand and official seal.

______________________________________ Notary Public

My Commission Expires:

CONSENT AND JOINDER OF HOMEOWNERS’ ASSOCIATION

The undersigned hereby consents to and joins in the attached Storm Water Manage-ment Agreement and Declaration of Easement (the “Agreement”). The undersigned shall maintain all storm water management facilities in accordance with the terms and provisions of the Agreement and in accordance with any separate Declaration of Restrictions. The undersigned specifically agrees that the Borough shall have the rights referred to in Paragraph 9 of the Agreement.

IN WITNESS WHEREOF, the undersigned, intending to be legally bound, hereby consents to and joins in the Agreement.

______________________________________ (Name of Homeowners’ Association or similar entity)

Attest:____________________________ By:_____________________________________

(Assistant) Secretary (Vice) President [SEAL] COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LANCASTER )

On this _______ day of __________________, 20___, before me, a notary public, the undersigned officer, personally appeared , who acknowledged self to be the of , a nonprofit corporation, and that as such officer being authorized to do so, acknowledged the foregoing instrument for the purpose therein contained, by signing the name of the corporation by ________self as .

IN WITNESS WHEREOF, I set my hand and official seal.

______________________________________ Notary Public

My commission expires: